Woman alleges man raped her while she slept
A MAN is standing trial at Warwick District Court, accused of raping a 21-year-old woman as she lay asleep in her bed.
The 28-year-old man yesterday pleaded not guilty to one count of rape and a jury of six men and six women has been empanelled to deliver a verdict.
Crown Prosecutor Gary Churchill said the man and woman had not met before the night of the alleged incident in June 2015, when they were introduced at Warwick RSL Memorial Club by a mutual friend.
After drinking with a group of friends, the crown alleges the pair returned to the woman's house with two other friends and the woman, who was 21 at the time of the alleged offence, went to sleep in her bed alone.
Mr Churchill said the woman reported waking up in the morning from a drunken sleep to find the man having sex with her.
Defence lawyer Phil Hardcastle said the defendant told police he entered the woman's bedroom to use the ensuite and then lay down on her bed.
The Hendon man reported making advances on the woman and she was reacting "pleasurably” to his behaviour.
Mr Hardcastle said the defence would allege the incident was an honest and reasonable mistake due to the way she was reacting at the time.
"If she's dreaming and mixed up that's not the accused's problem if she reacts in such a way to his approach to her,” Mr Hardcastle said.
Eight witnesses will take to the stand throughout the trial, which is expected to last until Friday.
