In a recent legal development, Sri Lankan cricketer Danishka Gunathilaka, who was facing trial for an alleged sexual assault during the T20 World Cup in Australia, has been acquitted by the court. The 32-year-old athlete was accused of sexually assaulting a woman he met on the dating app Tinder at her home in Sydney.
Initially, Gunathilaka faced multiple sexual assault charges. However, the case that reached the court specifically focused on the act of ‘stealthing,’ which involves removing a condom during sex without the consent of the other party. This practice is now recognized as a criminal offense in New South Wales, where the incident occurred. Notably, these laws were newly enacted just five months before Gunathilaka was charged.
During the four-day trial in the New South Wales District Court, the complainant, whose identity is legally protected, stated that she had explicitly consented to engage in safe sex.
According to her testimony, she did not witness Danishka Gunathilaka removing the condom but noticed it on the floor immediately after their sexual encounter ended. The woman asserted that the Sri Lankan cricketer “forcibly” kissed her and, at times, applied such intense pressure on her throat during sex that she feared for her life. These allegations were presented as part of her testimony during the trial.
Danishka Gunathilaka consistently denied the allegations against him. His lawyer argued that the accuser was not truthful and had changed her story over time.
In the ruling, Judge Sarah Heggett stated that Gunathilaka had told the truth to the police when he said he had not removed the condom during sex. The judge emphasized that he had “no chance” to do so. The judgment also noted that the cricketer had cooperated fully with the police, answering every question posed to him. His statement gave a clear impression that he was sincerely attempting to convey the truth.
In her judgment, Judge Sarah Piggott emphasized that there was no substantial reason to doubt or accept what Danishka Gunathilaka had stated during the trial. She noted that the complainant had given inconsistent statements to the police and displayed unclear recollection of the events.
The judgment acknowledged the complainant’s intelligence and credibility as a witness but highlighted instances where her motivations might have influenced her testimony, potentially painting Danishka Gunathilaka in a negative light.
It’s worth mentioning that Danishka Gunathilaka, a cricketer with a significant career record, including over 100 matches representing Sri Lanka, faced suspension by the Sri Lankan Cricket Board following his arrest.
Following the court verdict, Danishka Gunathilaka spoke to reporters outside the court, expressing his relief and satisfaction with the judgment. He stated that the verdict “says it all” and believes that his reputation has been restored.
“I am happy that my life is back to normal, and I am eager to go back and play cricket,” he remarked, indicating his readiness to resume his professional career.
It’s important to note that Gunathilaka couldn’t participate in the T20 World Cup in 2022 due to an injury. Despite this, instead of being sent back home, he remained in Australia along with the squad.