Water polo referee, 20, is cleared of raping girl, 17, and pushing her down a set of stairs - but found guilty of assault for choking her

  • Matthew Emmanuel Goldman, 20, was found not guilty of raping a schoolgirl, 17
  • The water polo referee was charged over four alleged offences in 2018 
  • He was cleared of all but one charge, after arguing the sex was consensual
  • The 20-year-old was found guilty over assault for choking her during sex

A water polo referee from Sydney's affluent eastern suburbs has been found not guilty of raping a high school student and pushing her down a flight of stairs.

Matthew Emmanuel Goldman, 20, was charged with rape and sexual assault over four alleged incidents involving a teenage girl between January and November 2018.

He was 18 years old at the time, while his accuser, who cannot be identified, was 17.  

The former St Andrew's Cathedral School student was cleared of all but one charge after successfully arguing the sex was consensual at the New South Wales District Court. 

Matthew Emmanuel Goldman, 20 (pictured) was cleared over rape and sexual assault charges over four incidents involving a teenage girl between January and November 2018

Matthew Emmanuel Goldman, 20 (pictured) was cleared over rape and sexual assault charges over four incidents involving a teenage girl between January and November 2018

The water polo referee from Sydney's affluent eastern suburbs was found not guilty of raping a high school student and pushing her down a flight of stairs

The water polo referee from Sydney's affluent eastern suburbs was found not guilty of raping a high school student and pushing her down a flight of stairs

But he was found guilty of assault for choking the girl, failing to convince the jury the act was 'part and parcel' of their interactions.   

The 20-year-old wiped his eyes with a tissue when the verdict was handed down after a three-week trial at the NSW District Court, reported news.com.au.

A jury of 12 men and women took a day and a half to come to agree on the verdict, which was read out on Wednesday. 

Goldman was found not guilty on two counts of rape, one of indecent assault and one of assault causing actual bodily harm, which related to allegations he pushed the girl down a staircase.

During the trial the girl testified against Goldman via audiovisual link, insisting she had repeatedly told him 'no' before they engaged in a number of sexual acts.  

But Goldman's barrister Anthony Ballanto QC was highly critical of the Crown's case in his closing statements on Friday. 

Goldman (left) was found not guilty on two counts of rape, one of indecent assault and one of assault causing actual bodily harm

Goldman (left) was found not guilty on two counts of rape, one of indecent assault and one of assault causing actual bodily harm

The 20-year-old was acquitted after his barrister convinced the jury the pair had been involved in consensual sex

The 20-year-old was acquitted after his barrister convinced the jury the pair had been involved in consensual sex 

He flagged concerns over inconsistencies with the accuser's statements, particularly that she had 'changed her story' as recently as two weeks ago. 

He also took issue with the Crown changing the time frame of one alleged assault in the middle of the trial. 

He urged the jury not to convict his client over 'this quality of evidence'. 

'It's a Crown case that's crumbling,' Mr Bellanto said.

'It's the leaky boat scenario that's sinking when you're confronted with that type of change, or shift, in the evidence.' 

The 20-year-old will be sentenced over the assault charge at a later date.

He remains on bail. 

The 20-year-old was found guilty over one assault charge involving choking the girl during one of their interactions

The 20-year-old was found guilty over one assault charge involving choking the girl during one of their interactions 

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