A Sydney man accused of sexually assaulting three women he met using a dating app had his bail revoked after using a false name to access a similar site, a court has been told.
Joshua Rini, 30, is applying to the NSW Supreme Court to be released on bail again after breaching the conditions imposed after his initial release.
Defence lawyer Ivan Vizintin said on Thursday that Rini’s use of social media did not necessarily precipitate further alleged offending, as the key issue in each case was consent.
In July last year the Glebe carpenter turned himself in at Surry Hills Police Station and was subsequently charged with two counts of sexual intercourse without consent.
Rini is accused of sexually assaulting the two women on separate occasions at a Glebe home last year after meeting them on Tinder.
He has since been charged over a third sexual assault with another woman, 25, with the incident allegedly occurring at a Woollahra home in November 2017.
The two met through the same dating app.
Despite one of his bail conditions strictly stating he was not to use any form of dating service on any platform, Rini accessed Tantan – a dating app predominantly used in China – using a “false name”, the court was told.
Mr Vizintin admitted this was absolutely an egregious breach of his bail conditions, but said it did not heighten his risk to the community.
“Tinder doesn’t make it more likely he’ll commit a further offence, it’s incidental to the alleged offence,” he said.
“The case is about what happened in the room with each of these complainants.
“It’s not the crown case that Tinder was used in a nefarious way to lure the complainants to his home where the alleged sexual assault took place.
“Each complainant voluntarily attended his home and engaged in physical intimacy with him.”
The lawyer pointed to one complainant’s account of oral sex being promised before meeting him for dinner.
After consensual intimacy began, “she (said) she would just roll with it because he was good looking, she felt in control at this point when he was kissing her,” Mr Vizintin said.
At some point, that consent is withdrawn, and all cases show a pattern of offending, prosecutors allege.
“Each instance there was almost an immediate complaint,” the Crown says.
Justice Peter Hamill likened the use of dating websites to meeting at “singles bars,” or the pub, saying a person would be banned from those premises if they faced charges of a similar nature.
“It is the fact that each and every one of these arose following the use of a similar (dating) platform,” Justice Hamill said.
Born in the United Kingdom, Rini has a brother and sister in Australia who each proposed $10,000 as security.
Rini would accept staying off dating websites if the judge imposed the condition again, Mr Vizintin said.
“He might accept it today but what’s he going to do in three months time?” Justice Hamill said.
The bail decision will be handed down later in the day.