A Kiama Downs man raped a woman he met on an internet dating site while she was asleep in his bed after taking prescription sedatives, a jury has heard.
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Andrew Swallow is on trial in Wollongong District Court this week, having pleaded not guilty to two counts of sexual intercourse without consent and one count of attempted sexual intercourse without consent following an encounter between the pair in August 2016.
In his opening address to the jury on Tuesday, Crown prosecutor David Coulton said Swallow and the woman met on the dating website Plenty O' Fish and had had consensual sex multiple times before the alleged rape on August 4.
The court heard the woman had taken sleeping medication prescribed to her for PTSD and had fallen asleep in Swallow's bed when she woke about 11pm to discover Swallow's penis in her vagina.
He then allegedly tried to insert it into her anus, at which time she jumped up and screamed at him.
Knowing she was too affected by her medication to drive, she agreed to stay the night but said she didn't want to have sex, Mr Coulton said.
However, it is alleged Swallow raped her again early the next morning in similar circumstances.
The woman left the property and drove to a friend's house in Wyong.
She returned to the Illawarra later that day and admitted herself to hospital.
She spoke to police at the time but only agreed to provide a statement the following year, Mr Coulton said.
He said the key issue in the trial will be consent.
"I expect [the alleged victim] will tell you that in relation to all the acts that make up the charges....she did not consent," he said.
However, defence lawyer Will Tuckey told jurors the woman suffered from several mental disorders and they would have to assess her evidence carefully.
"The question in this trial is can you accept the word of [the alleged victim] to such an extent that you can find Mr Swallow guilty of these very serious offences he faces," Mr Tuckey said.
"You must believe what she tells you to a very high standard - that is, beyond a reasonable doubt.
"At some stage in the trial you might be concerned about how [her] medications affected her reliability.
"We dispute she is a reliable witness."
The trial continues.
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