In a significant courtroom verdict, a Sydney man has been cleared of all sexual assault allegations stemming from an incident at an Oxford Street nightclub. After a comprehensive week-long trial, a District Court jury delivered a not guilty verdict for David Charles Massa, 47, on Tuesday regarding two primary counts of sexual intercourse without consent and two alternative charges of non-consensual sexual touching.
The case centered around events at Universal Nightclub in the early hours of June 1, 2024, where Massa acknowledged physical contact but maintained it was entirely consensual. Through his defense barrister Nicole Carroll, Massa asserted that he never penetrated the complainant’s anus and all interactions occurred with mutual agreement between both parties.
Court proceedings revealed the two men had met moments before the incident when the complainant allegedly approached Massa, kissed his hand, and invited him to join in the smoking area alongside his girlfriend. Surveillance footage presented as evidence showed the men engaging in kissing, though the complainant claimed he did not reciprocate.
Defense counsel Carroll characterized the interaction as ‘friendly’ and ‘flirtatious’ throughout the evening, arguing the complainant showed no visible distress immediately following the alleged assault. Carroll suggested the departure from the venue was prompted by the girlfriend pulling him away after witnessing the kiss, rather than due to any non-consensual activity.
The complainant testified that after having dinner and drinks at the nearby Beresford Hotel, he proceeded to Universal Nightclub where he encountered Massa sitting alone. He described feeling ‘in shock’ about the alleged assault given the public setting with numerous patrons present. Following the incident, he reported undergoing a medical examination at Royal Prince Alfred Hospital before filing a police report.
Massa consistently maintained his innocence, telling police in a recorded interview: ‘I have no idea what this is about. All I know is I did not sexually assault anyone.’ The jury’s unanimous acquittal concludes this closely watched case that examined complex questions of consent and interpersonal conduct in social settings.