Jury delivers verdict in Warrnambool County Court rape, assault trial

The jury delivered their verdict in the Warrnambool County Court on Tuesday after about a day of deliberations.

The 30-year-old man, who cannot be named because that could identify the victim, was found guilty of three charges of rape and one charge of common law assault.

The assault related to a choking incident in Port Fairy on April 6, 2019.

The man was found not guilty of the remaining charges, including intentionally and recklessly causing injury, common law assault, breaching a family violence intervention order and making a threat to kill.

He was found not guilty of all of the charges relating to an alleged incident in Lismore in February 2019.

The man pleaded guilty to a single charge of theft prior to the commencement of the trial.

That charge related to the same complainant.

The man will appear in court again for a plea hearing on May 23.

Earlier: A prosecutor says a Warrnambool district man who denies raping his ex-partner and forcing her to crawl like a dog is a "demonstrable liar".

The 30-year-old accused man, who cannot be named because that could identify the complainant, is on trial in the Warrnambool County Court, having plead not guilty to three counts of rape, intentionally and recklessly causing injury, assault and breaching a family violence intervention order.

The charges arise from two alleged occasions in Lismore and Port Fairy in February and April 2019.

The jury was told the man and the complainant were in an on-and-off again relationship with a court-imposed family violence intervention order issued in 2018.

Then in February 2019, the pair allegedly had an argument while parked on the side of the road in the middle of the night in Lismore.

The man allegedly slammed the complainant's head into the side window of her vehicle, causing her head to bleed.

Two months later the man allegedly raped the woman three times and choked her, causing her to black out and leaving bruises on her neck.

He is also accused of forcing her to crawl like a dog with a belt around her neck.

The man gave evidence on Thursday, telling the jury the allegations were false and that he was a respectful and non-violent partner.

He said he believed the victim was diagnosed with multiple personality disorder and at the time of the allegations was consuming the drug ice and not taking her prescribed medication.

He told the jury he too was a drug user but never threatened or "aggressively" touched the victim.

Crown prosecutor Andy Moore suggested the man was lying and asked him to read a series of text messages he sent to the victim in the year before the offending.

"You will die tonight, then I'll go after the rest of you lying c***," one message read.

The man said he was intoxicated and never intended to carry out the threats, but agreed he threatened to kill the victim and the messages were designed to terrify her.

There were no charges before the court in relation to the text messages.

The man told jurors he didn't assault the woman in Lismore and believed she was bleeding because she fell over.

He admitted to lying to police about not being in Port Fairy on the night of the alleged rapes, stating he was scared of getting in strife for breaching the intervention order.

But Mr Moore said the man told police during the same interview that he had been in Port Fairy in the days before the alleged offending, which in itself was a breach of the order.

In closing addresses on Friday, Mr Moore said the 2018 texts were important background evidence which demonstrated a tendency to dominate and threaten the complainant.

He said the jury saw an "angry streak" in the man during his evidence and suggested he was a demonstrable liar.

Mr Moore said the man told the jury he was considerate and respectful of the complainant.

"And then we wheel out the text messages... that blows that out of the water," he said.

"We know he's a liar, if only because he told you so."

Con Mylonas, representing the man, said the text messages were a "smoke and mirrors" distraction.

"Apart from providing context to the evidence, the only tendency that you can find is the tendency to shoot off his mouth," he said.

Mr Mylonas said his client lied to police because he had a genuine fear of being charged with breaching the intervention order, which carried a maximum penalty of five years' jail.

"It doesn't mean that he raped or assaulted anyone," he said.

Mr Mylonas said his client was innocent and the complainant had a "powerful motive" to lie to police.

He said her desire to get her children back from the Department of Health and Human Services saw her intentionally portray the accused man "as the villain for DHHS consumption and really to try and deflect any responsibility from her".

Judge Amanda Chambers will give her judge's charge on Monday before the jury retires for deliberations.

If you or someone you know is impacted by sexual assault, domestic or family violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au. In an emergency, call 000.

Emma House is a Warrnambool-based not-for-profit service and can be contacted through 1800 EMMADV (1800 366238) or visit emmahouse.org.au/

Safe Steps for women after hours service is available through 188 015 188.

Brophy Family and Youth Services can be contacted on 1300 BROPHY or 03 5561 8888.

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