Dominik Simunovic, a former Emporia State tennis player arrested and charged with rape and attempted aggravated criminal sodomy last October, took the stand Thursday to tell his side of the story on day four of what was anticipated to be a three-day trial. Under oath, Simunovic testified that the survivor, who The Bulletin continues to refer to as Jane, “did not tell me directly” that she wanted to have sex with him. 

Earlier in the week, the jury heard from several witnesses including Jane’s two friends and her brother who were with her that night, the Sexual Assault Nurse Examiner who examined her at Newman Regional Health, and Det. Jaffar Agha with the Emporia Police Department. Additionally, they also reviewed Oct. 14 video surveillance footage from Bourbon Cowboy and audio from Simunovic’s Oct. 17 interrogation. Tuesday also marked the defense’s cross-examination of Jane; her story remains consistent with evidence presented in court, her prior testimony, and the testimonies of several witnesses.

In Simunovic’s version of events, he corroborated prior witness testimony that the first time he met Jane was at the birthday party thrown for her by her brother the night of Oct. 13. He indicated he had three beers before going to the party and two while there. 

While he could feel the effects of the alcohol, Simunovic indicated that he was just tipsy. 

“I was aware of everything,” he said. “I knew what was happening.”

Simunovic said he arrived at Bourbon Cowboy with his friends before Jane. He said that at some point in the night, Jane asked him to take a picture of her and he took the photo with his phone. Afterward, his friend suggested that the two take a picture together and they did. 

He later indicated that he and Jane engaged in conversation on the dancefloor. He said that Jane asked him if he had a girlfriend, to which he responded that he did not. According to Simunovic, Jane told him that she did not have a boyfriend. 

After that, Simunovic said they shared a “quick” kiss. This is corroborated by surveillance video from Bourbon Cowboy. However, he also said they shared another kiss at the bar when they went to get drinks. 

“It was like making out,” he said. 

Simunovic said he reached out to a friend about how to proceed with Jane because he was “kind of doubtful if I should continue that relationship with her” since he and her brother were “social friends.” He said his friend told him “yeah, why not”, but Simunovic expressed that he still “didn’t want to be too touchy and flirtatious in front of her brother.” 

Later, Simunovic asked Jane if she wanted “to go out,” as in go outside. He testified that he wasn’t specific about why. He said that they made a plan for him to go outside first and for her to follow, so as to not draw suspicion. When Jane did not meet him outside, he said he went back into Bourbon Cowboy to find her and found her walking towards him. The two then went outside. 

Simunovic testified that at one point before he and Jane went outside, one of Jane’s friends told him that Jane wanted to have sex with him. However, it is unclear when exactly this occurred. Simunovic first indicated that he was told this before he initially left the bar. He then said he was told this when he went back inside Bourbon Cowboy to find Jane. When asked if Jane explicitly stated that she wanted to have sex with him, Simunovic said that she “did not tell me directly.” 

When Simunovic and Jane walked outside into the alley, Simunovic said the two kissed again. He said that when they saw the trailer they chose to go behind it for privacy and that is when consensual sexual intercourse ensued. 

Again, Simunovic contended that Jane did not verbalize whether or not she wanted to have sex after going behind the trailer.

“It was not direct, but it was kind of common knowledge what was happening in the moment,” he told the court. 

During his testimony, Simunovic did say that while he was not concerned about Jane’s behavior, she did appear “really drunk.” He denied ever using force on Jane or forcing her into sex with him. 

Inconsistencies arose during the trial, including defendant Simunovic’s drug use. Simunovic testified he “never smoked weed” when asked about his usage of THC products. However, the findings of a search warrant conducted at Simunovic’s residence found THC edibles within the cushions of a couch at the home. Additionally, questions regarding how Simunovic positioned himself behind the trailer arose as Simunovic’s recollection of the events did not align with the location of the crime.

Questions also arose regarding Simunovic’s initial interrogation conducted by Det. Agha. Simunovic maintained that Jane removed her own clothing as he did in his interrogation. However, he first said in his testimony that Jane took her clothes off by the fence when they tried to have sex standing up. He later said that she took her tank top off when she was on top of him and that she had only taken her pants off before.

There was also some confusion as to whether or not Simunovic had contacted his roommate, Anton Sarunic, for advice on whether to pursue Jane. This was cleared up by Sarunic’s testimony where he confirmed that he did in fact exchange texts with Simunovic in the early morning of October 14, 2023. In his interrogation, Simunovic made no mention of contacting his roommate, but instead a friend at the bar. Also not mentioned at the time of interrogation, but mentioned in his testimony, was that Jane allegedly contacted the defendant after the assault to ask where her brother had gone.

Both the defense and State have rested in the case. Jury instruction, closing arguments, and deliberation will take place on Friday. 

For clarity, The Bulletin has provided a solidified timeline of events at Bourbon Cowboy compiled from the bar’s surveillance footage shown in court: 

12:19 a.m. - Dominik Simunovic arrives at Bourbon Cowboy

12:38 a.m. - Jane arrives at Bourbon Cowboy

12:53 a.m. - Jane is seen entering the women’s restroom at Bourbon Cowboy

12:53 a.m. - Dominik Simunovic waits outside of the women’s restroom

12:59 a.m. - Jane exits the women’s restroom at Bourbon Cowboy

1:30 a.m. - Dominik Simunovic exits the Bourbon Cowboy via the west door and heads north in the alleyway

1:30 a.m. - Jane is seen stumbling and being caught by a friend on the dance floor

1:31 a.m. - Jane enters the women’s restroom

1:36 a.m. - Jane exits the women’s restroom

1:37 a.m. - Simunovic reenters Bourbon Cowboy via the west door

1:37 a.m. - Simunovic and Jane exit Bourbon Cowboy via the west door

1:43 a.m. - Jane’s brother and friend search for Jane within Bourbon Cowboy

1:51 a.m. - Jane’s brother and friend are seen still searching for Jane within Bourbon Cowboy