Kavinesvell Sivabalan on trial for allegedly raping and choking woman in Lake Macquarie

A Sydney man is on trial for allegedly raping, intimidating and choking a woman he met on social media in Lake Macquarie, with the jury hearing she was “scared” to say no to his advances.

The trial started in Newcastle District Court on Tuesday. (AAP Image/Mark Russell)

A Crown prosecutor will try to prove that a woman was forced into having sex with a Sydney man she met on a social media app because she was scared of what he would do to her if she rejected his advances.

Kavinesvell Sivabalan from Blacktown in Sydney’s west has denied he raped, intimidated and choked the young woman in Lake Macquarie over a period of two days in 2022 after they had formed a friendship over social media.

He has pleaded not guilty to five counts of sexual intercourse without consent, intentionally choke a person without consent, stalk/intimidate and use an offensive weapon with intent to commit an indictable offence.

At the start of a seven day trial in Newcastle’s District Court on Tuesday, the jury heard Sivabalan was showing a romantic interest but then started to do things that concerned the alleged victim; including demanding she not talk to certain people, saying he had access to weapons and falsely saying he had been to prison for attempted murder.

It was heard the pair met up at a Central Coast train station and went to a home where the woman was staying.

Kavinesvell Sivabalan on trial in Newcastle District Court for allegedly, raping, choking and threatening a woman in Lake Macquarie in 2022, after the pair met on a social media app Picture: Amy Ziniak

In his opening address for the Crown, David Hoitink explained to the jury that over the next two days Sivabalan allegedly intimidated and threatened the woman, had sex with her on numerous occasions and choked her.

The Crown case is that the woman consented only because she was “scared” and there was a “fear of force and intimidation”.

The jury heard on one occasion he asked for her consent and then said words to the effect of “good because if you didn’t I was going to hurt you”.

On one evening, the jury also heard Sivabalan waved a knife at the woman when she asked for her keys and said “f**king come near me and I will stab you”.

Mr Hoitink said in the days after she dropped him off at a local train station to go home, she told family and friends that he had turned up at her work, was controlling and that she felt like she had to consent to sex otherwise he would hurt her.

Days later, she reported the alleged offences to police before his arrest in December.

Defence barrister William Hussey told the jury his client had consensual sex with the woman and she had freely and voluntarily consented.

He said no threats were made nor was their any violence at any time.

“It is complete fiction. It is simply not true,” he said.

Mr Hussey urged the jurors to pay attention to the honesty and accuracy of the complainant, which he claimed would be a central issue in the trial.

He also noted to the jury Sivabalan voluntarily participated in an interview with police after his arrest.

The trial continues on Wednesday.