The man, who cannot be named for legal reasons, pleaded not guilty to one count of sexual intercourse without consent.
The man, who cannot be named for legal reasons, pleaded not guilty to one count of sexual intercourse without consent.

Man allegedly raped girlfriend after being asked to move out

A MAN accused of raping his drug and alcohol addled girlfriend after she asked him to move out has faced the first day of his trial in the Supreme Court.

The 60-year-old, who cannot be named for legal reasons, pleaded not guilty to one count of sexual intercourse without consent following the incident in mid-2017.

In her opening address, Crown prosecutor Mary Chalmers told the jury the couple had been sharing a flat in Stuart Park when the woman told him she had trust issues because of previous "troubles" in the relationship.

Ms Chalmers said the man was "offended" and went to sleep in the spare room but invited her to check his phone where she found messages to another woman, which upset her and she started drinking whisky.

She said the woman confronted her partner and following a "highly emotional argument" she became "emotionally overwrought" and demanded he leave the flat but he refused.

Ms Chalmers said the woman told him the relationship was over and he would have to move out and took a sleeping pill "in his presence" before going to bed in the early hours of the morning.

"She said to the accused 'Don't take advantage of me', she succumbed to the effect of the sleeping pill and alcohol and on the Crown case, her general exhaustion," she said.

"(She) will tell you when she was in what the Crown says is that drug affected state, the accused was kissing her.

"She recalls, you'll hear her say, that the accused was on top of her while she lay on the bed and she had a clear memory of him having sexual intercourse with her without her consent but she was unable, because of her drug affected state, to physically resist."

Ms Chalmers said the woman's memory after taking the pill was "incomplete" but she remembered him finishing and leaving he room.

She said the man moved out in the following days a but the couple later went to a relationship counsellor and he asked her not to tell anyone what had happened "because he could get into trouble".

Ms Chalmers said in a call between the pair recorded by police, the man admitted having sex with the woman on the night but not to raping her and "appears to agree" she told him not to take advantage of her.

The man's lawyer, Jon Tippett QC, declined to make an opening address to the jury and the trial continues on Tuesday.



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