County Court judge Mark Dean finished instructing the jury of five men and seven women on Wednesday afternoon and they spent more than three hours discussing the three rape charges against Mr Daw before adjourning. They will resume deliberations on Thursday morning.

Mr Daw is alleged to have raped a 15-year-old girl, when he was 16, after they left a party at a house in Altona Meadows in March 2007.

The teens were at school together.

Mr Daw, now 24, has pleaded not guilty to three counts of rape.

He has conceded there was sexual activity between himself and the girl, but that what occurred was consensual. He has denied that vaginal intercourse took place.

The complainant told the jury last week she never gave consent for the sexual activity, and screamed and cried. She said Mr Daw restrained her and put a hand over her mouth.

But Mr Daw told the jury on Monday that the complainant initiated the sexual activity between the pair, and was "in control".

The jury was told that the complainant's friend heard crying while she was looking for her and came across the pair and saw Mr Daw on top of the girl.

But defence counsel David Sexton told the jury not to over-value the friend's evidence, as it was "entirely plausible" that Mr Daw was on top of the girl kissing her and not offending.

Police were called in the months afterwards, the court was told, but the girl did not want to pursue the matter.

The complainant, now 24, reported the matter to police last year.