Aged in his late 20s the man, who The Courier cannot identify, has pleaded not guilty to two counts of rape relating to an incident in Delacombe between November 1 and December 31, 2012.

During opening addresses at the County Court on Thursday, Crown prosecutor Bill Stougiannos told the jury the accused and the complainant were in a relationship when the alleged sexual offending occurred.

He said the complainant told the man she could not have sex with him because of an infection but he told her it would be OK.

Mr Stougiannos said the complainant pushed her boyfriend away but he persisted and sexually penetrated her orally.

He told the jury later the same night, the complainant went to bed and woke up realising the accused was sexually penetrating her.

“The accused had removed her pants while she was asleep,” Mr Stougiannos said. 

“If you are unconscious or asleep, it can’t be a free agreement.”

The jury was told in a record of interview, the accused allegedly told police he and the complainant were in a relationship for three weeks and all they were doing was getting high all the time.

The man’s barrister told the court there was no issue his client and the complainant were in a sexual relationship that was not entirely conventional.

He said the two alleged incidents the complainant claimed she was raped did not take place.

“There was no non-consensual sex in any stage of their relationship,” the barrister said.

“The central part of the prosecution case that there was a rape (that) took place, that sexual penetration took place while she was asleep, didn’t happen.”

The court was closed to the public while the complainant gave evidence on Thursday afternoon and Friday morning.

The trial will continue on Monday before Judge Frank Gucciardo.