The 47-year-old, who The Courier has chosen not to name to protect the complainant's identity, appeared in the dock at the County Court in Ballarat on Thursday for the beginning of his trial.

He is charged with raping his girlfriend at his home in March 2014, 10 months into their relationship.

Crown prosecutor David Cordy addressed the 12-person jury on Thursday with his opening remarks.

He said the accused was 39-years-old at the time of the alleged offending and lived in Ballarat.

The court heard the couple stayed together almost every night, moving between his house and her house and had consensual sex many times during the relationship.

Mr Cordy said the pastor at a church advised the complainant she should not be having sexual intercourse outside marriage in late 2013.

She told the accused she no longer wanted to have sex with him before they were married.

The court heard the day before the alleged rape both the accused and the complainant had attended Main Bar Ballarat for a fundraising event and returned to his home about 1am.

Mr Cordy said the complainant had been sleeping in a separate bedroom for a few weeks since she had undergone surgery for a medical condition.

"The accused followed her in and they started kissing on the bed. She was happy to kiss the accused and be affectionate with him but did not want to have sex," he said.

Mr Cordy said the accused left the room, returned and sexually penetrated the complainant.

"She told him to stop. He continued for a short time and then did stop," he said.

But the court was told a short time later he again penetrated the victim.

The court heard the accused allegedly stopped again after the complainant swung a closed fist into his chest.

The complainant grabbed her cigarettes and went outside.

Mr Cordy said the accused asked what she was doing and she replied: 'do you realise what you did to me would be classified as rape? I said stop you assehole'.

Mr Cordy said the accused replied saying 'I don't care'.

The court heard the complainant told some friends and the pastor's wife about the unwanted sexual advancement.

They will give evidence throughout the trial.

The complainant spoke to the police about the incident in 2015 but did not make an official report until 2017.

Hence the police investigation began three-years after the offending.

The prosecution will have to prove all four elements of the offence of rape beyond reasonable doubt to the jury's satisfaction for the accused to be found guilty.

The elements of the offence are that the accused intentionally sexually penetrated the complainant, the complainant did not consent and the accused was either aware she was not consenting, might not be consenting, or was not giving any thought to whether she was consenting.

Defence barrister Paul Stefanovic said the allegation there was sexual penetration on that night was not contested.

But he said he would challenge the complainant's evidence on the issue of consent.

"Our position is at all relevant times he believed she was consenting," he said.

The complainant began giving her evidence to the court on Thursday afternoon.

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