Warning: This story contains graphic content that some readers may find distressing.
A man who raped a woman in the back room of a Westfield Belconnen arts and crafts store has been found guilty of all charges following a landmark retrial under the ACT’s new affirmative consent laws.
Abhishek Timalsina, now in his early 30s, was convicted of two counts of rape and four counts of committing an act of indecency without consent after a jury in the ACT Supreme Court deliberated for just four hours on Tuesday.
It is reported that the November 2022 assault was the first criminal case to test the territory’s strengthened consent legislation, introduced the same year, which requires ongoing, mutual, and clearly communicated agreement for sexual activity.
Timalsina had pleaded not guilty, claiming he believed the woman had consented after a conversation about art and photography led to him taking pictures of her in the store’s staff area. He testified that they were “flirting” and that he thought they were “vibing.”
It is fuerther reported that the woman told police she felt uncomfortable and froze as the situation escalated. “I felt quite sick and stopped reacting,” she said, later texting a friend that her “brain had checked out.”
During the incident, Timalsina allegedly said, “I’m just going to go for it,” before kissing her and proceeding to rape her twice.
In the first trial in 2023, ABC reported that the jury was unable to reach a verdict. But the retrial concluded decisively, with Justice Verity McWilliam revoking Timalsina’s bail and remanding him in custody. Sentencing is scheduled to begin on 20 August.
Note: Support services are available for anyone affected by sexual assault, including 1800RESPECT (1800 737 732) and Lifeline (13 11 14). In emergencies, call Triple Zero.
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