Thiago Tonti Fanti (left) and Josh Ryan Fenwick faced an ACT Supreme Court trial this month. Photos: Albert McKnight.
CONTENT WARNING: This article refers to alleged sexual assault and child abuse.
One man has been found guilty of digitally raping a 16-year-old girl during a gathering at his house, while his co-accused has been cleared of sexually assaulting a second teenager.
The former housemates, 29-year-old Josh Ryan Fenwick and 48-year-old Thiago Tonti Fanti, both pleaded not guilty in an ACT Supreme Court jury trial that ended earlier this week.
Jurors deliberated for about eight hours before returning to the courtroom on Thursday afternoon (23 October) and announcing Mr Fanti was not guilty of his charge of sexual intercourse without consent.
Mr Fanti was visibly emotional when he heard he was acquitted and was seen beginning to cry before he was discharged and left the courtroom.
The jury said it was struggling to reach unanimous verdicts on two charges relating to Fenwick, and Acting Justice Peter Berman gave jurors a final direction, called a ‘black direction’, to reach agreement.
They were still unable to reach an agreement on either charge, being the production of child exploitation material and using a carriage service to transmit child abuse material, and were discharged on these counts.
But jurors unanimously found Fenwick guilty on a charge of sexual intercourse without consent.
Fenwick was visibly upset when he heard the guilty verdict, while his supporters in the courtroom gallery began to cry.
Prosecutors applied to revoke Josh Ryan Fenwick’s bail, but their application was refused. Photo: Albert McKnight.
Jurors heard the two 16-year-old girls had attended a small gathering Fenwick held at his home in September 2022.
While there, Fenwick digitally raped the first girl despite her repeatedly telling him “no”. He was found guilty of this conduct.
He was also alleged to have filmed himself having sex with the second girl, then sent the footage to the first girl via the social media app Snapchat, but jurors could not reach an agreement on these allegations.
Mr Fanti was accused of having sex with the second girl when she was going in and out of consciousness due to her intoxication. He was acquitted of this allegation.
Fenwick denied engaging in any sexual activity with either girl, while Mr Fanti denied having sex with the second girl.
After Fenwick was found guilty, the prosecutor applied to revoke his bail, but Acting Justice Berman refused the application.
He sent the matter to the registrar’s directions list next week to find a sentencing date.
If this story has raised any concerns for you, 1800RESPECT, the national 24-hour sexual assault, family and domestic violence counselling line, can be contacted on 1800 737 732. Help and support are also available through the Canberra Rape Crisis Centre on 02 6247 2525, the Domestic Violence Crisis Service ACT 02 6280 0900, the Sexual Violence Legal Services on 6257 4377 and Lifeline on 13 11 14. In an emergency, call Triple Zero.
Penfold prevaricates. I rejected nothing but dealt with the cost ranges used in commercial… View