David Byungchan Lee charged with sexual assault

A western Sydney cafe worker has denied sexually assaulting a woman who alleges she was in physical pain as she said no and told him to stop.

David Byungchan Lee outside Grafton Local Court. Picture: Matt Gazy

A woman says she told a western Sydney cafe worker “no” and “stop” as he allegedly painfully digitally penetrated her without consent, a court has heard.

David Byungchan Lee, 32, is defending three counts of sexual intercourse without consent at a District Court trial pertaining to a historical alleged incident at his parents’ North Rocks home.

On Monday, a jury at Sydney West Trial Courts heard the Crown’s opening address about what he expected the female complainant would allege against Lee.

“She was woken by the accused, who was trying to put his hand inside her underwear and his fingers inside her,” the Crown said to the jury.

“She says she told him to stop, he did not stop, and proceeded to insert his fingers inside her.”

The Crown will allege Lee had no reason to believe the woman was consenting to the digital penetration, before he is further charged with also forcing the woman to engage in oral sex upon him and then raping her.

“Later that day, the two exchanged a number of text messages, (and) among them we’ll see the complainant wrote to the accused ‘you keep pushing yourself onto me and touching me even when I tell you no’,” the Crown told the jury.

“The accused replied ‘I’m sorry that I pushed you’.”

A general view of the Sydney West Trial Courts in Parramatta. (AAP Image/Margaret Scheikowski)

The Crown will rely on those texts as an admission those acts occurred, that he had knowledge she said no, and that he knew she was not consenting.

The woman made a complaint some five years after the alleged assaults, and the Crown said the jury would hear a lawfully recorded phone call she had with Lee in which he first said he did not remember the incident, then apologised for his conduct.

In her evidence, the complainant said she told Lee “no” and “stop” more than once because she was in pain.

“It hurt a lot,” the woman said.

“I did not want him to do that … I grabbed his hand and pulled it out.”

Lee denies the allegations.

The trial continues on Tuesday.