Sri Lankan first class cricketer Danushka Gunathilaka, 32, has been found not guilty of a rape charge after being accused of assaulting a Sydney woman he met on social media during his visit to Australia for the T20 World Cup last year(2022).

Initially facing multiple counts of rape, the 32-year-old’s trial revolved around one count of stealthing, a relatively new criminal act in New South Wales.

During the four-day trial in a New South Wales District Court, the complainant, whose identity is legally protected, testified that she had only consented to protected sex. She claimed that she did not witness Gunathilaka removing the condom but saw it on the floor after their intercourse concluded. She also alleged that Gunathilaka had kissed her forcefully and at times had choked her to the point where she feared for her life.

Gunathilaka vehemently denied the allegations, with his defense counsel asserting that the woman's account had changed over time and was unreliable.

In her ruling, Judge Sarah Huggett determined that Gunathilaka had been truthful when he stated to the police that he had not removed the condom during sex. She found that he had "no opportunity" to do so. Judge Huggett also highlighted that Gunathilaka had cooperated fully with the authorities, leaving a favorable impression of his truthfulness.

Conversely, the complainant's inconsistent statements to the police and her lack of a clear memory of the events undermined her credibility. Judge Huggett noted that at times, the complainant appeared motivated to portray Gunathilaka unfavorably.

Gunathilaka, who had been suspended from competitive cricket following his arrest, expressed his relief and satisfaction with the verdict outside the court. He stated that the verdict had restored his reputation and expressed eagerness to return to playing cricket.

Source: Agencies