Perth man dubbed ‘Tinder rapist’ says he believed women consented

Michael McConnaughty, 30, appeared before a Perth court on Monday where his defence argued that he mistakenly believed the complainants had consented to sexual activity. The case, which has drawn public attention due to the use of dating apps to connect with victims, raises difficult questions about the nature of consent in digital-age encounters.

According to court documents, the first alleged assault took place in 2019 after McConnaughty matched with a woman on a dating app and later met her in person. The second alleged incident occurred in 2023 under similar circumstances. McConnaughty has pleaded not guilty to all charges.

His defence team contends that the interactions were consensual and that any miscommunication was unintentional. Prosecutors, however, argue that the women made clear their lack of consent and that McConnaughty’s claims of mistaken belief are not credible.

The trial is ongoing, with both the prosecution and defence expected to call expert witnesses on consent and behaviour in dating scenarios. The case has reignited debate about whether app companies do enough to verify users and prevent abuse.

WA Police have not commented on whether they are investigating other potential victims. Support groups for sexual assault survivors have urged anyone with concerns to come forward.

Why This Matters

Impact on victim safety: The case highlights the risks women face when meeting strangers through dating apps, especially when consent is ambiguous or disputed. A conviction could reinforce legal protections for victims; an acquittal might chill reporting.
Broader societal significance: The verdict could set a precedent for how courts interpret mistaken belief of consent in Australia, particularly in cases involving dating apps where digital communication often precedes physical encounters.
What happens next: The trial will continue with further evidence and closing arguments, after which a jury will decide McConnaughty’s fate. An appeal is possible regardless of outcome.

Background

In recent years, a growing number of sexual assault cases have involved dating apps such as Tinder, Bumble and Hinge. While these platforms have safety features like photo verification and blocking, critics argue they do not adequately screen for known offenders or provide robust reporting mechanisms. Western Australia has seen a rise in sexual offence charges linked to online dating, prompting calls for tighter regulation.

Consent under Australian law must be freely and voluntarily given. Mistaken belief in consent is a defence only if the accused took reasonable steps to ascertain consent. Courts have historically scrutinised such claims, especially when alcohol or coercion is alleged.

Key Perspectives

Prosecution: They argue the complainants were clear in their non-consent and McConnaughty ignored or overrode their refusals. The pattern of two separate incidents strengthens the case against him.
Defence: They maintain that McConnaughty genuinely believed the encounters were consensual, emphasising ambiguous gestures or verbal cues. They may argue that the women’s later regret does not equate to a crime.
Victim advocates: Organisations such as the Sexual Assault Resource Centre caution that the defence of mistaken consent can discourage reporting. They call for less focus on what the accused thought and more on what the complainant communicated.

What to Watch

Jury instructions: The judge’s directions on the legal definition of reasonable steps to ascertain consent will be crucial.
Expert testimony: Psychologists or forensic specialists may testify about consent communication in digital contexts.
Outcome and public reaction: A guilty verdict could prompt dating apps to tighten safety measures; an acquittal might lead to legislative review of consent laws.

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