Jurors in the Royal Court were also unable to reach a verdict on the other charge faced by Luis Filipe Algarvio Pestana, of sexual penetration without consent.
He was discharged from the prosecution on the second charge.
During the four-day trial this week, Mr Pestana was accused of trying to perform a sex act to which the alleged victim objected and not stopping when she told him to – but he said the activity was consensual.
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