By Perry Duffin
Warning: This story contains graphic content
A self-proclaimed “humanist venture capitalist” from Sydney’s north has been charged with dozens of rapes and sex crimes against 10 women after he allegedly paid for sex acts using bad cheques.
The case, which can only be revealed after this masthead won a legal bid over court officials who had blocked the release of public documents, will be a major test of “new territory” in NSW consent laws.
Mark Sarian is accused of 37 sexual crimes against 10 women after he allegedly failed to pay for sex work.
Court documents allege Mark Sarian, 35, sexually abused the women at Mascot, Rose Bay and in central Sydney between February and June.
Sarian allegedly organised to have sex with the women, sometimes two at a time and sometimes asking them to urinate on him, before giving them the worthless cheques.
“The fraud done by [Sarian] is well-thought-out but somewhat simple,” a police prosecutor said in Downing Centre Local Court on Wednesday.
Sarian would allegedly pay using cheques drawn from a closed bank account. The cheques would initially appear valid but later bounced, police claim.
“There is CCTV of multiple locations, including ATMs, where the alleged fraudulent actions took place,” the prosecutor told the court.
“There are mobile phone communications with the complainants in [Sarian’s] name and photographs of himself sent to the complainants.”
Sarian often posts online about his consultancy business, Babylon, and describes himself as a “bon vivant”, “humanist at heart”, and “empath” who has explored the rural villages of Asia.
The NSW Police Sex Crimes Squad set up Strike Force Angla in May, and the businessman was arrested on June 14.
Sarian, 35, has been held in prison since his arrest in June. A bid to secure bail this week failed.
Angla’s investigator, Detective Amy O’Neill, charged Sarian with 32 counts of sexual intercourse without consent, three counts of carrying out a sexual act without consent and two counts of sexual touching without consent.
The number of alleged victims and charges would make Sarian one of the most prolific rapists in Sydney if the charges are proven at trial – but legal minds are watching closely because the case will be a major test of new consent laws.
Those laws were introduced in NSW two years ago following the advocacy of Saxon Mullins.
‘New territory’
One of the lesser-known changes, “fraudulent inducement”, protects sex workers from clients who deceitfully promise money but then hand over an empty envelope or a dud cheque.
Sarian appeared via videolink at Downing Centre, where his barrister, Brad Williams, asked the court to grant bail.
“There’s not been a case like this in NSW, we are venturing into new territory,” Williams said.
Magistrate Daniel Covington said he had never seen a matter like it.
“If [this new law] did not exist, the prosecution case would be problematic, to say the least, but the presence of that law clearly affects and increases the strength of the case,” Covington said.
“It will come down to that inducement and the link to consent.”
“I can’t say it’s a weak case.”
Since his arrest, Sarian has been held on remand in prison and has not entered a plea.
His heavily pregnant wife watched from the public gallery. The family had offered up $50,000 for him to be released on bail.
Williams told the court that Sarian’s mother was battling cancer, and he was unable to provide for his family while behind bars.
A lawyer for this masthead also appeared in court on Wednesday to argue for the release of Sarian’s charging documents.
The Downing Centre Local Court registrar had blocked the release of the documents last week because they contained details of serious sexual offences.
It is illegal to publish the names and identities of alleged victims of sexual crimes, and journalists can be prosecuted for breaching the law.
It is not illegal to release court documents to journalists, though the Downing Centre has a longstanding policy of refusing to release them.
But, as Covington noted, it is “consistent with open justice” for journalists to view court documents, and it’s neither unusual nor controversial for them to be released.
“The media wish to accurately publish details in relation to the matter, and their accuracy involves them looking at the documents,” he said.
‘Significant public interest’
This masthead’s executive counsel, Larina Alick, told the court that Sarian’s case held significant public interest and that the registrar had made an error in refusing to release documents.
“The Sarian proceedings involve several issues of public interest: the lived experiences of sex workers and how they are treated by their clients; how allegations of sexual offences are addressed by police, prosecutors and the judicial system; and exposing a wide variety of public preconceptions and misconceptions about sex work,” Alick said in a written submission.
Covington released the documents but refused Sarian’s release on bail, saying he could not ignore the number of complainants and charges.
The case will return in August.
Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800RESPECT (1800 737 732).