Man pleads not guilty to two counts of rape

The trial of a man accused of raping his teenage girlfriend while she slept has begun in Hervey Bay.

The man, who cannot be named for legal reasons, on Thursday pleaded not guilty to two counts of rape.

A man charged with raping his teenage girlfriend while she slept has pleaded not guilty to the charges as his trial began before a jury in Hervey Bay District Court.

The man, who cannot be named for legal reasons, on Thursday pleaded not guilty to two counts of rape.

Addressing the jury during the opening statement, Crown prosecutor Aden Tranent said they would hear evidence from a teenage girl describing how her boyfriend “committed two acts of sexual violence against her” in the early hours of the morning on a day in October 2021.

Mr Tranent said the 17-year-old had been in a relationship for seven months with the defendant and they had been sexually active.

Prior to the night, the two had previously attempted anal sex, but as a result of the pain she suffered, she said she didn’t want to try it again.

Mr Tranent said the jury would also hear that it was not uncommon for the teen to be a deep sleeper and it was often difficult to wake her up.

On the night of the incident, the teen had stayed at the man’s family home, where she had been studying.

She had been too tired for any intimacy after a long night of studying, the court heard, and she went to bed dressed in pyjamas.

Mr Tranent said he expected to hear testimony from the complainant about how she had woken some time the next morning to excruciating pain “in and around her anus” which was consistent with the last time they had tried to have anal intercourse.

“The Crown will say this pain was consistent with the defendant inserting his fingers or penis into (the teenager’s) anus,” Mr Tranent said.

The court heard the teen did not consent to the act, given she had previously said she didn’t want to have anal sex and because she was asleep and unable to consent.
Following that, she recalled waking up sometime later and feeling the defendant’s penis inside her vagina, the court heard.

Mr Tranent said again the Crown would say the teen did not consent at the time given she was either asleep at the time or in a state of waking up.

He said the two remained together for a period of time before separating and eventually in November, 2021, she had made a formal police complaint regarding the matter.

Mr Tranent said he expected the trial to turn on the testimony of the complainant.

He said the jury would hear from the complainant, including that she had confronted the defendant about what had occurred and he said he was sorry.

“The Crown will say that this was a confession by the defendant to the two acts he had just done,” Mr Tranent said.

The teen had disclosed the alleged incident to her mother, a work colleague and a police officer, he said.

Mr Tranent said after being told by her daughter that the defendant had raped her, her mother had messaged the man.

He had apologised for his action during the text message exchange, Mr Tranent said, which the Crown would again say was a confession.

The trial will continue before Judge Jennifer Rosengren on Friday.

Originally published as Man pleads not guilty to two counts of rape