A man accused of rape and performing indecent acts will learn his fate in April after final submissions were made in Wagga District Court on Wednesday.
Lee Geppert, 47, of East Wagga, has pleaded not guilty to one count of sexual intercourse without consent and two counts of assault with act of indecency.
The two separate incidents are alleged to have involved two different women in February and April in 2014.
On Wednesday, the court heard that Mr Geppert allegedly raped a woman at his house following a night out at licensed premises in April 2014.
The court heard that circumstantial evidence by the complainant included her memory of the accused laying her down on a lounge, taking her clothes off, then kissing her face and chest before having sex with her.
"[The complainant] did not freely and voluntarily have sexual intercourse with the accused on that night in his lounge room," Crown prosecutor Paul Kerr said.
During the alleged incident, the complainant said she found it difficult to move her body following the previous night when she allegedly consumed up to seven standard drinks within two hours.
Mr Kerr said that while the woman did not verbally communicate to Mr Geppert about consent, the initial moving of her head away from his kissing was non-verbal communication to signify non-consent.
The Crown argued that she said that instead of saying no because she feared for her physical safety. In her evidence, the complainant said: "If I were to upset him, he could bash me over the head and I wouldn’t know what he’d do to my body".
However, defence barrister Andrew Metcalfe said that the complainant had a fragmented memory of the alleged incident.
"She said her short term memory was all over the place," Mr Metcalfe said.
"She consented and in her shame, confusion and dwelling on that night over the following months, she rationalised her reason — fear of being bashed — into existence."
On Wednesday, the court also heard that the Mr Geppert was allegedly involved in sexual offence with a different woman two months prior.
The woman alleged Mr Geppert was with her at a licensed premise, put his hand under her dress and touched her on the vagina.
The defence argued that the incident did not occur based on the inconsistencies of the complainant's testimonies and her history of dishonesty, which includes a conviction of larceny.
However, the Crown said that victims of sexual offences were affected in how they recalled events. Judge Gordon Lerve will deliver his decision on April 11.
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