Man allegedly performed oral sex on sleeping woman
A GOLD Coast woman woke to find the husband of a friend performing oral sex on her, it was alleged in the Southport District Court today.
Oxenford man Justin Nisbett pleaded not guilty this morning to one count each of rape and sexual assault for the incident which occurred in 2017.
Crown prosecutor Michael Mitchell told the court the woman had attended a party at the home of Nisbett and his wife Amy.
Mr Mitchell said the woman decided to go on her own as her husband was staying at home to look after the kids.
The woman took with her a six pack of rum and coke.
"After drinking one and a bit of those cans she decided to stay the night and went to a bottle shop and bought some rum," Mr Mitchell said.
The woman decided to stay at the Nisbetts' and drank the cans and a majority of the rum bottle.
Mr Mitchell said the woman did not remember falling asleep at the party.
"Her next recollection that she was having a dream of a sexual nature," Mr Mitchell said.
"She dreamt a male person was on top of her having sex with her. She woke up and realised it wasn't her husband and she realised she saw Nisbett between her legs having oral sex with her."
The court was told Nisbett jumped up and run off without saying anything.
Mr Mitchell said the woman had been wearing black tights, black underwear and denim shorts but woke to wearing nothing on her lower half.
He said she realised she was in a games room, quickly dressed and went to find her keys which were in Nisbett's bedroom.
Nisbett filmed her asking for her mobile phone and her keys.
The woman then phoned her brother and husband before her brother took her to police.
Mr Mitchell said during a police interview nine days later, Nisbett said he had acted with consent.
"He indicates some details of the sexual acts that he says between him and (the woman) and that those acts were consensual," he said.
Mr Mitchell told the jury they would need to consider if Nisbett's acts were consensual and if the woman was too groggy or drunk to give consent.
He told the jury that during the trial they would hear from the alleged victim and her husband, people at the party and police officers.