Jury to decide on rape verdict

A JURY has retired to decide if there is enough evidence to convict a man of raping a woman in her Gracemere bedroom.

During summing up yesterday in a Rockhampton District Court trial, the Crown said the only question was whether the accused penetrated the woman without consent.

A 50-year-old man has pleaded not guilty to the rape charge, but guilty to a lesser charge of sexual assault, in relation to an incident on September 26, 2010.

The jury yesterday heard closing statements from Crown prosecutor Clare Kelsey and defence barrister Jeff Clarke, in front of Judge Grant Britton.

The woman claims the man forced his penis about two centimetres inside her for about five seconds without her consent.

Neither party can be named to protect the identity of the victim, who is known to the man.

Mr Clarke yesterday said the evidence from the victim and DNA testing was not reliable or consistent to suggest penetration occurred.

He also said the DNA found from around the woman's genital area was consistent with the man's account of sexually assaulting her.

He said that on four separate occasions, and when the woman was first questioned in court, she did not say she had been penetrated, only that she felt the pressure of someone trying to penetrate her.

Mr Clarke said the position the woman was lying in would have made it difficult for the man to penetrate, and her body did not move to allow or achieve penetration.

On the first day of the trial on Tuesday, the court heard the woman was sleeping when the naked man climbed onto the bed and started touching her and tugging at her underwear.

The woman said she first thought the man was her partner.



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