A Ballarat man accused of rape gave evidence in the County Court on Tuesday, before legal counsel gave their final submissions.
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.
The man said in his evidence that the complainant had previously asked him to penetrate her when she was asleep because it was one of her fantasies, but he never carried out the act. The evidence was not included in his statement made to police.
Crown prosecutor Bill Stougiannos told the jury in his closing arguments the complainant told the man she could not have sex with him because of an infection, and pushed the accused 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.
“She asserts she was asleep at the time, and the law tells you you're incapable of consenting when you're asleep,” Mr Stougiannos said.
“The case depends largely on her evidence, and she wasn't an evasive witness … but he was very selective in his answering in that interview, you ought to reject him as a truthful witness.
“He's not telling the whole story. How could he just leave out and forget this business (of her fantasy) in the police interview?”
Defence lawyer John Lavery said told the jury they should have doubts about the complainant’s evidence, due to her drug use.
“It is an account from someone who's state of mind was affected by heavy drug use. Would you go to someone who was off their face as the primary account on something that had happened?” he said.
“Her memory on matters generally were imperfect. Experience suggests the ones you tend to block out are usually the most upsetting ones, but she didn't block out the rapes, just blocked out all the memories and details.”
Mr Lavery told the court another witness, who said the complainant had mentioned the instances of rape to her, was unreliable because her memory of when it was said to her “was out by a long, long time”.
The trial will continue in front of Judge Frank Gucciardo on Wednesday. He told the court on Tuesday he expected to make his legal directions to the 11-person jury in the morning, before they began deliberating.