UPDATE: Thursday morning
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The jury for the James Lithgow rape trial has been discharged.
County Court media was not able to confirm what prompted the discharge.
The charges remain and the matter will return in the County Court in the next sitting cycle.
EARLIER:
A man has been charged with rape, sexual assault, and false imprisonment after an alleged incident at his caravan with a young woman.
Facing a County Court jury sitting in Ballarat on Monday, James Lithgow pleaded not guilty to seven charges, including two each of rape, attempted rape, sexual assault, and one charge of false imprisonment.
According to the prosecution summary, Lithgow contacted the then-19-year-old via a Gumtree ad, looking for a cleaner for his AirBnB in Halls Gap, in September 2018.
The complainant, living in Melbourne with her boyfriend on a working visa, accepted the job, and was told she would be needed immediately - she took a train to Ararat the next day, where the accused picked her up and they made small talk while buying groceries.
He then took her to his AirBnB near a campsite in Halls Gap, where it was revealed the accommodation was occupied and she would instead be sleeping in his on-site caravan with him.
The prosecution allege the pair shared a bottle of wine in front of a campfire, before the complainant said she needed to use the bathroom - as they returned, it's alleged he touched her without her consent before pulling her to the caravan, disrobing her, and allegedly assaulting her.
The prosecution told the court the complainant repeatedly told the accused to stop, but he pinned her arms and legs.
She repeatedly hit her head on one of the caravan's walls and allegedly tried to stop him touching her, until eventually he relented, though he refused to let her put her clothes back on.
According to the prosecution, the complainant messaged her boyfriend, who told her to run away, and he got on the first train to Ararat the next day, where he picked up the complainant from the AirBnB and went to the nearby campsite.
The campsite manager then phoned police, and the complainant was taken to hospital.
Lithgow was interviewed by Ararat police five days later, where he denied the attempted rape charges, and said the rest of the allegations were all consensual.
The defence told the court Lithgow had worked in student and tourist accommodation for 15 years, and he is "adamant he is not a sexual predator, adamant that he is not a rapist".
In Lithgow's view, the complainant was enthusiastic and "flirting" with him over the bottle of wine, but became upset after the initial sexual activity, telling him about her boyfriend.
He denied preventing her from leaving the bed or caravan.
"The issue is consent," the defence lawyer, Moya O'Brien, told the court.
The case, before Judge Fran Dalziel, continues.
- Affected by this story? There is help available.
- You can phone the Ballarat Centre Against Sexual Assault, in Sebastopol, on 5320 3933, or free-call the crisis care line 24 hours on 1800 806 292.
- Or phone Lifeline on 13 11 14, or the Blue Knot Foundation on 1300 657 380
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