A Victorian man has been charged with raping a woman after a night out in the Mackay CBD almost a decade after the alleged offence occurred.
James Owen Forbes, aged 30, faced Mackay District Court on Monday for the first day of an expected three-day trial by jury.
Crown Prosecutor Tiffany Laurence said a Mackay woman, who cannot be named for legal reasons, had earlier been at a work Christmas party with her friend on the evening of December 10, 2011.
Ms Laurence said the woman and her friend then headed to nightclubs in the Mackay CBD where they met Mr Forbes and his friend.
She said the men agreed to help the woman get her intoxicated friend home via maxi taxi after which they were expected to leave but did not.
Ms Laurence said the woman recalled seeing the skinnier of the two men enter her friend’s bedroom.
“(The woman) recalls getting a blanket for [Mr Forbes], going into her bedroom and she wasn’t feeling well at that point of time,” Ms Laurence said.
“She recalls going to sleep and she was clothed at the time.
“Effectively her next memory is of her bedroom door opening and seeing [Mr Forbes] in her bedroom.
“There is then another period of time that she cannot recall then she woke again, this time to [Mr Forbes] on top of her, penetrating her vagina with his penis, that he put his hand to her throat to which she recalls being pushed back into the bed.”
The court heard the woman again fell asleep or lost consciousness before waking to find Mr Forbes next to her.
“She woke with a startling effect and then she pushed him out of her bedroom and out of the house,” Ms Laurence said.
“She was naked at that point of time.
“She went to [her friend’s] bedroom and got the second male to leave.”
The court heard the alleged victim then went to the Mackay Base Hospital where a sexual assault investigation kit found Mr Forbes’ DNA on a vaginal swab.
Ms Laurence said the woman rang her colleagues the next day to tell them what had happened and those colleagues would testify during the trial.
The court was closed for most of Monday as the jury heard evidence.
The trial continues on Tuesday, May 11.