A remote worker claims she was attacked following excessive alcohol consumption.
One BHP employee became sexually assaulted after drinking about 15 mid-strength beers with fly-in fly-out (FIFO) colleagues, a Perth District Court recently heard.
Ryan John Zabaznow allegedly climbed into bed with the female, after she vomited and passed out in a donga at a Newman mine camp. The 37-year-old male is also accused of having intercourse the unidentified woman without consent on 18 November 2020.
“I remember waking up to Ryan over the top of me. He was penetrating me … I was not really sure what was happening,” she said according to the Australian Associated Press.
The victim claimed her clothing was missing below the waist and compared Zabaznow’s body weight to a “cement slab” resting on her.
“I remember him saying how sexy I was. He had one hand at the side of my head and the other on my hip … thrusting his body,” she said according to the newswire agency.
The alleged incident ended after two coworkers knocked on the door after hearing the woman cry. They asked whether the intercourse was consensual before ordering Zabaznow to leave.
The accused defended his integrity, rejecting any suggestion he was a “c–t”. Equus Chambers barrister Helen Prince backed this claim with social media chat history, showing the woman said her colleagues were “just concerned”, Zabaznow was “not a c–t” and everything was “all good”.
Further messages show the pair exchanged emojis with love hearts replacing eyes before meeting face-to-face at the camp bar, wet mess and even a coworker’s donga after closing time.
The woman later told the site supervisor Zabaznow’s intimacy was not consensual.
The trial continues.
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Excessive consumption of alcohol is not an excuse for assault.
Why was the amount she drank or messages she had previously sent him relevant to the story? If she did not give consent then the rest is irrelevant.
Victim blaming is unacceptable.