A man will stand trial over the alleged rape of a young woman with intellectual disabilities.
The 20-year-old man pleaded not guilty in the Bendigo Magistrates’ Court on Tuesday to one charge of rape.
A witness told the court during the committal hearing, the young woman was sleeping in her spare bedroom and the man was staying in the lounge room on the night in question.
About 1am, she said, she and her partner found the man in the bedroom.
The woman said her partner asked the man what he was doing, and he said, “It’s not what it looks like”.
The court heard the witness asked the woman if the man had touched her and where, and if he had put his penis inside her, to which she replied yes.
The woman saw blood on the sheets in the bedroom, the court was told.
The following morning, the court heard, the woman called her mother for advice, and her mother came over before calling police.
The woman’s partner told the court the man was lying on top of the young woman while she was playing with his iPad on the couch on the afternoon of the alleged incident.
He said it was about 3am or 4am that night he saw the man and the young woman in bed.
The woman’s sister told the court she had also seen the man lying on the young woman during the day.
She said she woke up about 2am or 3am that night to her sister banging on the door of the property’s bungalow, telling her to go inside.
She said the 18-year-old woman was not upset, but started crying when her sister began asking her questions.
Another witness told the court he went from the bungalow to the house that night for water, and the young woman asked him to get the man out of her bed.
He said the man was drunk, and he helped him back to the lounge room.
Later, the court heard, he woke to knocking on the door, and heard the man being asked to leave.
Detective Senior Constable Benjamin Manning told the court the accused was co-operative with police.
He said the man admitted there was sexual intercourse, but said it was consensual.
The court heard the young woman told Detective Senior Constable Manning the accused asked to have sex with her and she said no “at first”.
Detective Senior Constable Manning said it was difficult to clarify exactly what she meant by the phrase “at first” because of her limited comprehension abilities.
He said he was told the accused had an intellectual disability.
The court heard the young woman was found with a laceration caused by blunt force.
A texta found on the bed near dried blood was taken by police as it was believed to be possibly connected, but it had not been tested.
Magistrate Sarah Leighfield found there was sufficient evidence for the matter to proceed to a trial.
She noted the issue of consent, and whether it was or was not given, would be a factor.
The man will appear in Melbourne Magistrates’ Court later this month for a directions hearing.
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