A Sydney man was absolved of rape charges after an Oz court ruled that the victim could not have been raped as she was wearing skin tight jeans.
Nicholas Eugenio Gonzalez was accused of raping a 24-year-old when she was consoling him about breaking up with a friend.
The 12-member jury panel of six women and men heard that 23-year-old Gonzalez had pushed the woman on the bed, pulling off her size six skinny jeans and underpants before the act, reports The Sydney Morning Herald.
Gonzalez, a navy cook, in his defence said that the sex was consensual.
"'I doubt those kind of jeans can be removed without any sort of collaboration," a note sent by the jury to the judge read.
The woman told the Sydney District Court that Gonzalez met her for drinks in April before they went to his Surry Hills house to listen to music. They went upstairs so that he could play his drums. But he pushed her on the bed, placing his torso on top of her.I struggled to try to get up for a while and then he undid my jeans and he pulled them off," she said. Then he allegedly raped her.
Questioned by defence lawyer Paul Hogan, the woman said she weighed 42 kilograms and did not find it difficult to squeeze in and out of her jeans.
Hogan said: "I'm suggesting it's difficult for skinny jeans to be taken off by someone else unless the wearer's assisting, collaborating, consenting."
"I would disagree," the woman replied.
Veronica Wensing, chairwoman of the National Association of Services Against Sexual Assault, said that a woman's outfit should not be an issue in alleged rapes.
"Any piece of clothing can be removed with force," she said.