A drunk female passenger was raped by two Indian taxi drivers while making her way home from a night out with girlfriends, a Perth jury has been told.
State prosecutor Janelle Scutt today told the District Court jury in her opening address that the alleged victim of accused men Amrit Pal Singh and Prabhjit Singh Gill had "passed out cold" on her bed after the taxi ride home on February 5 last year.
The next morning, she had begun piecing together memories and remembered that "something awful had happened to her", the prosecutor said.
The woman, who is aged in her twenties and cannot be indentified, told her husband and reported the incident to police.
The accused men, who were both driving taxis that night, have pleaded not guilty.
The court heard that Mr Singh, whose DNA matches a sample taken from the alleged victim by forensic officers, admits he had sex with the woman but claims she had consented and initiated the sexual contact.
Mr Gill denies sexually penetrating the alleged victim but admits watching her and Mr Singh having sex.
The jury was told the woman had consumed more than two bottles of champagne during celebrations for a friend's hen's night. She was slurring and swaying on her feet when she was refused entry to a Leederville nightclub.
It was after that she caught the taxi.
Her memories of the trip home included being at a dark spot with pebbled ground and images of Mr Gill moving her body awkwardly to engage in sex acts, the court heard.
She had also remembered the driver, Mr Singh, earlier making a phone call in a foregin language while driving, the court heard.
Ms Scutt said GPS information showed both Mr Singh and Mr Gill's taxis had driven to the same carpark between 10pm and 11pm that night and remained there together for 30 minutes.
Ms Scutt suggested that the woman had been so intoxicated that she was not in a state capable of providing consent and that the two accused men had known this when they allegedly took advantage of her, thinking they would get away with it.
"She was at best in a state of semi-consciousness," the prosecutor said.
Mr Singh's defence lawyer, Steven Shadgett, suggested to the jury that there were a number of "anomalies" that damaged the State's case. These "anomalies" include evidence that his client and the alleged victim's mobile phones had exchanged numbers and that Mr Singh waited at her home after dropping her off for her husband to pay him via Eftpos - a move that left him able to be traced.
Mr Shadgett suggested that the alleged victim had not been as drunk as claimed, and that her hazy memory had been "selective".
He also suggested that even if she had been too drunk to consent, his client had made an honest and reasonable mistake in believing that she could, based on her actions.
"Just because someone drinks ... doesn't mean they can't consent," Mr Shadgett said.
He said his client's version of events was that the passenger had asked him to turn the meter off, had been touching him while he was involved in a phone conference and had initiated the sex.
Ms Scutt said any suggestion that the alleged victim had wanted to have sex with two random taxi drivers was "just fanciful" and contradicted evidence of her "loving and committed" marriage.
Mr Shadgett and Terry Dobson, Mr Gill's lawyer, both asked the jury to put aside any views they had previously heard in the media about taxi drivers or Indian taxi drivers in particular and to remember that it was not a case to be decided on morals.
The trial continues.