Woman wearing skinny denims can't be raped: Court

Its in the jeans

“Can a woman wearing skinny jeans be raped? Or are they so tight they can be taken off only with her consent?,” the jury asked before acquitting Nicholas Eugenio Gonzalez, who was accused of raping a 24-year-old.

The jury of six men and six women heard Gonzalez, 23, had allegedly pushed the woman on to his bed, ripping off her size six skinny jeans and underpants before the attack.

Consensual sex

Nicholas  Gonzalez, a navy cook, said in his defence that the sex was consensual, “The Sydney Morning Herald” reported.

“I doubt those kind of jeans can be removed without any sort of collaboration,” the jury said during the trial and sent a note to the judge asking for more information about “how exactly Nick took off her jeans”.

The woman had told the Sydney District Court that she and Gonzalez had met for drinks in April 2008 before going to his Surry Hills house to listen to music. She said they had gone to his room so that he could play his drums. He had pushed her on to 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 and alleged he then raped her.

During cross-examination by defence counsel Paul Hogan, the woman said she weighed 42 kg and did not find it hard to squeeze in and out of her jeans.

“I’m suggesting it’s difficult for skinny jeans to be taken off by someone else unless the wearer’s assisting, collaborating and consenting,” Hogan said. “I would disagree,” she replied.

Veronica Wensing, chairwoman of the National Association of Services Against Sexual Assault,  said a woman’s outfit should not be an issue in alleged rapes.“Any piece of clothing can be removed with force”.