A Sydney police inspector is on trial accused of raping a woman in his home after she cut short a date and began putting her boots back on.
Bryan Vincent Jackson, 52, agrees the episode of oral sex occurred in his Haberfield home in September 2018 but argues the woman consented.
Opening the prosecution case to the Downing Centre District Court jury on Tuesday, Ken McKay SC said Jackson and the woman, who cannot be identified by law, had been talking on the officer’s lounge and consensually kissing before the alleged rape.
“But then it got to a point where she received phone calls that there was an issue with her mother and she had to leave and deal with this issue,” he told the jury.
“As she went to leave, and was putting her boots on to leave, the accused, I anticipate she will tell you, forcibly grabbed her by the back of the head and hair and forced his penis into her mouth.”
The jury was expected to hear the woman speak of her distress and how her actions leading up to and during the sex had indicated her lack of consent.
That included her words, prior to the oral sex, that showed she “did not want to go any further”, the prosecutor said.
The woman attended to her mother before going to hospital and having samples taken from her mouth.
DNA found in the samples matched the profiles of her and Jackson, the court was told.
She reported the alleged incident to a friend the following day and also told a third person within the week.
The jury is expected to view messages between the pair sent before and after the alleged incident on September 24.
A lawfully intercepted phone call between the pair, on New Year’s Eve, will also be played.
The jury heard the pair had met up at a coffee shop before going back to Jackson’s home.
The inspector will testify once the crown case concludes, allowing the jury to hear “his account of what he says happened on the 24th of September and … what he meant in the conversation” recorded on New Year’s Eve, his barrister told the jury.
Jackson and the Crown were in dispute about what was said in the home and how the pair moved in the room at the time of the alleged assault, the jury heard.
“At the time it (the oral sex) occurred, he had no reasonable grounds for believing (she) was not consenting,” barrister Matthew Johnston SC, told the jury.
The complainant began giving evidence in a closed court on Tuesday before the jury of seven woman and five men.
The trial is expected to run a week.
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