A jury is expected to retire to consider whether former NRL player Tristan Sailor is guilty of raping a woman allegedly so drunk she couldn’t consent.
The 23-year-old has pleaded not guilty to two rape charges and maintains the sex was consensual.
However the Crown says the woman remembers taking two sips of her drink and nothing else before waking the next morning, naked and bleeding in urine-soiled sheets.
In summing up his case on Tuesday, prosecutor Jeff Tunks said the jury should find the Crown had proved beyond reasonable doubt the alleged victim was substantially intoxicated and could not give consent on the night in question in October 2020.
He recapped evidence that the alleged victim had consumed about 11 standard drinks over the evening, sipping little water and eating three tacos.
Mr Tunks pointed out the woman could be seen stumbling in CCTV footage played to the trial, and she herself had admitted she was drunk and not acting like herself.
A friend also gave evidence that she later that night found the woman lying naked on the floor of her room, before putting her to bed and cleaning up her vomit.
But Sailor told the trial he at no point noticed the alleged victim acting intoxicated during the night.
She was conscious and engaged while they were having sex, and just had a bubbly personality, he said.
“If you do choose to critically analyse the evidence of the accused, you might think it is fundamentally at odds with the other evidence in this trial,” Mr Tunks argued.
On the other hand, the alleged victim had told a consistent story from the moment she woke up the next morning, confused, distraught and shocked, he said.
She spoke to several friends and her parents over the course of the day, telling them she had blacked out and thought she had been raped.
Sailor’s barrister will sum up his case for the jury on Wednesday, before it retires to consider its verdict.