A 35-year-old man charged with raping his wife five times while their marriage was breaking down is standing trial at the County Court in Ballarat.
The man, who cannot be named to protect the complainant’s identity, is accused of raping his wife of 10 years at their former family home outside Ballarat in February 2017.
The 13-member jury was told during opening addresses on Friday the man digitally and sexually penetrated the woman without her consent over three days.
Crown prosecutor David O'Doherty said each time the sexual offending occurred, the complainant told her husband "no" multiple times.
He said on one occasion the man locked a main door, without the complainant knowing, after the couple's children went outside.
"He then went back into the bedroom and pushed her up against the bed," Mr O'Doherty said.
Defence barrister Alan Hands reminded the jury the “graphic rape allegations” had been made in a broken-down marriage.
He said false rape allegations were easy to make and hard to prove.
"It is often one person's word against another," Mr Hands said. "I ask you to consider the forensic evidence very carefully."
The accused man has pleaded not guilty to all five counts of rape.
Judge Bill Stuart told the jury to consider during the trial if sexual penetration actually occurred.
He said there were three elements of rape the prosecution must prove for the jury to find a person guilty.
Judge Stuart said the elements included, the accused intentionally sexually penetrated the complainant, the complainant did not consent at the time of the sexual penetration and the state of mind of the accused at the time of the sexual penetration.
He described the third element further as, “the accused did not reasonably believe that his wife consented to the sexual penetration. Those three elements must be proven”.
After the prosecution and defence opening addresses on Friday, the complainant gave evidence by a remote witness facility.
The court was closed for her evidence but it is expected to re-open to the public next week.
The trial before Judge Stuart will continue on Monday where more witnesses will give evidence.