A Fairy Meadow man accused of pursuing a "blossoming sexual interest" in a woman he just met at a pub has denied he raped her, with his lawyer claiming they had "good old-fashioned passion".
Vaughan Rogers, 41, is on trial over allegations he slipped into the back of a 56-year-old woman's taxi at Towradgi Beach Hotel, followed her into her Tarrawanna home and sexually assaulted her on October 14, 2018.
The Crown and defence teams made their closing remarks to the jury during the NSW District Court trial in Wollongong on Thursday.
Rogers has pleaded not guilty to aggravated sexual assault inflicting actual bodily harm and claims the sexual encounter was consensual.
Rogers' defence lawyer Leah Rowan suggested to the jury that the woman's evidence was not reliable because she was intoxicated at the time and her memory was "patchy" from the time she left The Beaches in Thirroul after attending a gig.
"The objective evidence, the CCTV footage, telephone records and crime scene photos simply do not support what the complainant says," Ms Rowan said.
The barrister suggested the woman's account of being scared, and looking around to see if Rogers had followed her down her driveway when she slipped and fell did not make sense as there were "no trees for him to leap out of and no bushes to hide" based on the crime scene photos.
"Apply your common sense," Ms Rowan told the jury. "What the accused said is the only version that makes sense. He did help her up and he did help her down her driveway."
Ms Rowan said her client, who was described as "socially awkward and shy", denied he pushed the woman onto the floor once in the hallway.
Rogers had earlier told the jury he and the woman had begun kissing before they moved to her couch, removed the woman's pantyhose and underwear and consensually touched each other's genitals.
Ms Rowan said it would have been nearly impossible for Rogers to forcibly and violently remove the woman's pantyhose as they did not break or have runs in them.
"That is consistent with only one thing, that's just good, old-fashioned passion," Ms Rowan said.
"It might not be pretty, it might not be what you would do, it might not be something to be proud of - but it's not sexual assault either."
Mr Rowan also noted the Crown's timing of the alleged sexual assault did not add up in her submission.
"If she was attacked from behind, forced to the floor and digitally penetrated, that does not take over an hour and half." she said. "It just doesn't.
"Kissing, fondling, lying on the lounge together, getting the pantyhose off, feeling each other, digital penetration, caressing his penis; that takes an hour and a half."
Ms Rowan also added that "absolutely nothing" in the footage at Towradgi Beach Hotel showed Rogers had a "blossoming sexual interest" in the woman as he was only in the pub for 17 minutes after arriving by himself at 2.20am.
"What the footage does show is the accused who is ... socially awkward, shy and an introvert, had a few beers under his belt and was looking for people to drink with."
Meanwhile Crown prosecutor Daniel Noll suggested the woman, who gave evidence during a closed courtroom, was telling the truth and was reliable, adding her account had only varied slightly when she told multiple people in the following hours about the alleged assault.
Mr Noll alleged Rogers had followed the woman and tried to walk towards her but she ignored him in the pub.
He said Rogers then slipped into the back of her taxi, which she only realised part way through the trip, before she told him, 'don't get out, you are not coming into my home' to which he replied, "it's alright". Mr Noll said that exchange was corroborated by the taxi driver who was called as a witness.
Once they got out of the taxi at her house, the woman claims she told Rogers to "f--k off" repeatedly before she slipped and fell while walking down her steep driveway.
Mr Noll said she told the jury she felt "panicked" and "kept looking over her should to make sure the man was not there".
The jury heard the woman texted two friends, "I've been raped" only minutes after the alleged attack, where she claimed Rogers came up behind her as she was unlocking her front door, pushed her to the hallway floor, got onto top of her and forcibly opened her legs.
"She screamed in pain" Mr Noll said as the woman had previously had hip surgery and did not have full range of movement in her legs.
Mr Noll said the woman could not recall Rogers removing her underwear but then felt three fingers in her vagina causing her "great pain".
The prosecutor said the woman on two occasion grabbed Rogers' neck and said "f--k you" before he knocked her hand away and covered her mouth.
"She told him, 'I can't physically do this'... and 'you are killing me'," he said.
Mr Noll said the woman recalled "it felt like hours" and she was exhausted and tired. She claimed it was only when she pretended to go to sleep that he left.
Mr Noll said the woman's account was corroborated by the evidence from her friend, sister, police body worn camera footage, the conversation she had with Triple-0 operator, as well as the paramedic who took her to hospital for a medical examination.
The prosecutor reminded the jury that Rogers' DNA was found on the woman's umbrella, which she claimed she hit him with, on the wall of the hallway and on a medical swab of the woman's genitals.
Mr Noll said the medical evidence also supported the woman's claims as she had bruising on her thighs and he submitted Rogers had recklessly caused actual bodily harm to the woman's vagina.
Judge Chris Hoy spoke to the jury before they were dismissed for the weekend. They will begin their deliberations on Monday morning.
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