'She told him to stop and screamed for him to get off'
A MAN accused of raping a Warwick woman in her sleep has pleaded not guilty as he stands trial in the Warwick District Court this week.
The fate of Darren Robert Nean will lie in the hands of 12 people who yesterday were told the 31-year-old man is accused of ignoring a woman's screams for him to "get off" after she woke to find him in her bed.
Crown prosecutor Stephen Muir said there was no dispute Mr Nean and the woman had sex in her Warwick home on June 4, 2016.
"All you will need to decide in this trial is whether you accept the complainant's version of the incident and that version will be that she woke in her own bed to find the accused raping her," he said.
"If you accept that evidence then you will convict the accused.
"Obviously if she was asleep at the time of this commencing, she can't have consented."
Mr Nean pleaded not guilty to one charge of rape and will face a jury consisting of four men and eight women.
The crown told the jury they would hear evidence the complainant had been having a couple of drinks with her son at the Warwick RSL Memorial Club before the alleged incident took place.
"She was there for a few hours and left around midnight," Mr Muir said.
He told the court the woman reported her next memory was waking up in her own bed to find a man having sexual intercourse with her.
"(The woman) will tell you that the man used derogatory language to her after she woke up and realised it was happening," Mr Muir told the court.
"She told him to stop and screamed for him to get off."
Defence barrister David Jones said Mr Nean and the woman met for the first time on the night before the alleged incident.
The defence did not provide an opening statement yesterday.
Judge Nicole Kefford closed the court while the jury watched a video recording of the woman's evidence yesterday afternoon.
A number of witnesses are expected to be called to the stand before the defence makes its case.
The trial will continue at Warwick District Court today.