Accused rapist thought he was in a 'video game'

A man accused of raping a woman at knifepoint and sexually touching two others did so because he thought he was in a video game, a court has been told.

Khateebulla Mirza is accused of breaking into a random woman's apartment at Auburn, in Sydney's western suburbs, raping her at knifepoint while allegedly recording the encounter on his phone in November 2022.

On the same day as the Auburn attack, Mirza is alleged to have indecently touched a woman's breast in the inner west suburb of Marrickville.

The court was told when confronted by the woman he allegedly touched, Mirza said, "You look hot, I just wanted to touch you."

In October 2022, the 38-year-old allegedly touched a woman on the backside outside a building in Zetland south of Sydney.

When he was confronted by her, Mirza said, "What are you going to do about it?"

On Tuesday, he pleaded not guilty to eight charges, including sexual touching without consent, aggravated sexual intercourse without consent and assault.

Mirza is facing a trial by judge alone, with the defence calling their first and only expert witness to the stand at Sydney's Downing Centre District Court.

Forensic psychiatrist Adam Martin told Judge Ian Bourke that at the time of his offending, Mirza genuinely believed he was in a video game.

"Mirza gives ... a consistent account over delusional beliefs about being part of a video game, where he has to reach level after level subject to some organisation that infiltrates his family and his work," Dr Martin said..

"He thinks literally he is part of a video game and he has to do certain actions to reach certain levels."

In the year preceding the attacks, the court was told Mirza involuntarily spent time in a mental hospital.

"He was clearly mentally ill," Dr Martin said.

"It means that his case is genuine - in this case he was very mentally ill before the alleged offending."

Under intense cross-examination by crown prosecutor Caroline Dobraszczyk, Dr Martin defended his findings that Mirza was mentally impaired during the time of his alleged offending.

"You agree there is no clear connection between his explanation and the acts that he did?" Ms Dobraszczyk asked.

"I think there is and I think there is a direct link between his actions and his psychological phenomena," he told the court.

The Crown's expert witness, forensic psychiatrist David Greenberg, is set to present his evidence on Wednesday.

Both psychiatrists agree that Mirza has some form of schizophrenia.

Ms Dobraszczyk told the judge the question that remained was if Mirza was mentally competent during the alleged incidents.

"There is no real issue in this case as to the fact that this accused committed all the physical acts," she said.

"The only issue is whether the accused can make out the defence of mental health impairment.”

The trial continues Wednesday.

1800 RESPECT (1800 737 732)

Lifeline 13 11 14

What is AAPNews?

For the first time, Australian Associated Press is delivering news straight to the consumer.

No ads. No spin. News straight-up.

Not only do you get to enjoy high-quality news delivered straight to your desktop or device, you do so in the knowledge you are supporting media diversity in Australia.

AAP Is Australia’s only independent newswire service, free from political and commercial influence, producing fact-based public interest journalism across a range of topics including politics, courts, sport, finance and entertainment.

What is AAPNews?
The Morning Wire

Wake up to AAPNews’ morning news bulletin delivered straight to your inbox or mobile device, bringing you up to speed with all that has happened overnight at home and abroad, as well as setting you up what the day has in store.

AAPNews Morning Wire
AAPNews Breaking News
Breaking News

Be the first to know when major breaking news happens.

Notifications will be sent to your device whenever a big story breaks, ensuring you are never in the dark when the talking points happen.

Focused Content

Enjoy the best of AAP’s specialised Topics in Focus. AAP has reporters dedicated to bringing you hard news and feature content across a range of specialised topics including Environment, Agriculture, Future Economies, Arts and Refugee Issues.

AAPNews Focussed Content
Subscription Plans

Choose the plan that best fits your needs. AAPNews offers two basic subscriptions, all billed monthly.

Once you sign up, you will have seven days to test out the service before being billed.

AAPNews Full Access Plan
Full Access
  • Enjoy all that AAPNews has to offer
  • Access to breaking news notifications and bulletins
  • Includes access to all AAPNews’ specialised topics
Join Now
AAPNews Student Access Plan
Student Access
  • Gain access via a verified student email account
  • Enjoy all the benefits of the ‘Full Access’ plan at a reduced rate
  • Subscription renews each month
Join Now
AAPNews Annual Access Plan
Annual Access
  • All the benefits of the 'Full Access' subscription at a discounted rate
  • Subscription automatically renews after 12 months
Join Now

AAPNews also offers enterprise deals for businesses so you can provide an AAPNews account for your team, organisation or customers. Click here to contact AAP to sign-up your business today.

Download the app
Download AAPNews on the App StoreDownload AAPNews on the Google Play Store