Ashley Dix, 28, faces trial on three counts of rape

The lawyer of a man accused of raping a sleeping woman told a court the sex was consensual, as the prosecution laid out the case against him.

Ashley Dix leaves Geelong Court.

The lawyer of a man accused of raping a sleeping woman has told a court the sex was consensual.

Ashley Dix, 28, appeared in the County Court at Geelong on Monday, facing trial on three counts of rape.

Mr Dix has pleaded not guilty to the charges, which stem from one alleged incident on October 27, 2021, in which Mr Dix is accused of penetrating a woman with his tongue, fingers and penis without her consent.

Following their empanelment, the jury heard opening addresses from the prosecution and defence.

Crown prosecutor Fiona Martin outlined the prosecution’s case, which will include complainant’s testimony, the testimony of friends she told and a text message conversation between Mr Dix and the complainant from the morning after.

At the time of the alleged offending, Mr Dix was living in Winchelsea, the court heard.

He initially met the complainant on Tinder in 2020, but they began talking again in 2021 and developed a friendship, Ms Martin said.

The complainant allegedly told Mr Dix she did not want to have sexual contact of any kind.

The court heard Mr Dix stayed overnight at the complainant’s house on multiple occasions in the lead-up to the alleged rape, including sleeping in the same bed.

Mr Dix and the complainant would have a few drinks and have “discussions about dogs”, the court heard.

Ms Martin said the complainant considered their relationship to be platonic.

On the night of the alleged incident, the complaint had consumed two to three drinks, a small amount of marijuana and four Seroquel tablets, as prescribed by her doctor.

The jury heard that around 1.20am the woman woke and realised Mr Dix was performing oral sex on her and had his finger in her vagina.

Her shorts and underwear, which she had worn to bed along with a hoodie, had been removed, Ms Martin said, and shortly after Mr Dix allegedly inserted his penis into her vagina.

After allegedly ejaculating inside her, Mr Dix asked the complainant if she was OK – to which she said yes, and they went to sleep, Ms Martin said.

The next morning, once Mr Dix had left, the woman messaged him about what had occurred and he offered an apology, Ms Martin told the jury.

Two days after the alleged rape, the woman reported it to police.

Mr Dix’s defence lawyer, barrister James McQuillan, told the jury his client acknowledged much of what happened but said the sex had been consensual.

Mr McQuillan said the reliability and credibility of the complainant was at issue.

“Can you believe her beyond a reasonable doubt? Can you accept her allegations?” he asked the jury.

“Keep your ears open, keep your ears open for inconsistencies and implausibilities; things that just don’t sound right.”

The trial, before Judge Gerard Mullaly, continues.

Originally published as Ashley Dix, 28, faces trial on three counts of rape