Man found not guilty in Warrnambool County Court to alleged rape

A jury of eight men and four women delivered the verdict following a week-long trial in Warrnambool County Court last week.

In closing addresses, barrister Jennifer Clark said her client believed the woman was consenting to the oral sex.

The accused man in his 50s was acquitted of the single charge of rape.

Earlier, May 16: A south-west man has pleaded not guilty to the oral rape of a woman he was in a relationship with at the time.

The man in his 50s, who cannot be named as that would identify the complainant, appeared in the Warrnambool County Court on Monday in front of a eight-man, four-woman jury.

Crown prosecutor David O'Doherty told the court in his opening address that the couple met via Facebook in September 2018 and formed a relationship, with the woman moving in during May the following year.

In August the woman went for a nap but was woken up, raised herself up on one elbow and was forced to give the man oral sex.

Mr O'Doherty said the woman, aged in her 50s, would say she tried to push the man away, but he was too strong and he did not speak to her.

After the incident they stopped having sex and the woman returned to her home town, disclosing to another woman she had been forced to have oral sex.

Mr O'Doherty said that on September 6 about 1.30pm the woman and man exchanged text messages, with the woman telling him to never again force her to have oral sex.

In a return text message Mr O'Doherty said the man apologised.

On September 19 about 10am there was another text exchange with the woman saying she didn't deserve his aggression or to be orally raped.

The man replied with an apology, saying he never wanted to hurt her.

Barrister Jennifer Clark said it was not disputed there had been oral sex, but it was with the consent of the complainant and her client believed the woman was consenting.

Ms Clark also urged care in weighing up the evidentiary value of the text messages.

The trial before judge George Georgiou continues.

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