Jurors hear opening arguments on two women’s rape allegations

Prosecutors are trying to prove a Douglas County man raped two women in separate incidents in 2005 and 2006, but the man’s attorney said the sex was consensual and the women had motives to accuse him.

Attorneys gave lengthy opening statements this morning to jurors in the sexual assault trial underway in District Judge Robert Fairchild’s courtroom.

“It was two different women, two different situations, two very different violent crimes,” said Amy McGowan, chief assistant Douglas County district attorney.

McGowan said prosecutors will try to prove that in December 2005 the suspect climbed into bed with a woman at his apartment south of Lawrence. Prosecutors say he overpowered and twice raped the woman, who was staying with him so she could drive him to work in the Kansas City area. The man had hired the woman as his driver, McGowan said, because he had “driver’s license issues.” McGowan didn’t explain further.

After the attack, the woman was allowed to leave the apartment in the man’s truck, but he later reported it stolen, McGowan said. When the woman found police in southern Lawrence, she said she was raped, and sheriff’s officers arrested the man later that day.

Defense attorney Sarah Swain said a medical exam turned up no trauma. Prosecutors dispute that.

Swain also said the woman was trying to avoid an arrest herself.

In the second incident, McGowan said a longtime friend of the man went to his apartment four months after the first alleged attack – early one morning in April 2006 – to collect money he owed her. The two had had consensual sex within the last 10 years, she said. The man was free on bond after the other rape arrest.

The woman told sheriff’s investigators he raped her and let her leave the apartment.

But Swain said that a sexual assault examination showed no trauma and that the woman wanted money from him to buy methamphetamine. She didn’t go to the hospital for several hours after the alleged rape.

“His liberty hangs in the balance because of accusations made by two women who both have motives to falsely accuse him of raping them,” Swain said.

The man faces three rape charges and two charges of aggravated kidnapping. The Journal-World typically does not identify suspects in sex crimes unless there is a conviction.