Kevin Irving, who is being defended by Advocate Ian Jones, is pleading not guilty to both the charges.
It is claimed that on 30 July 2016, Mr Irving entered the bedroom where the complainant was dozing after she had had sex with another man. It is alleged Mr Irving then had oral sex and sex with the complainant without her consent.
This morning, Crown Advocate Conrad Yates, who is leading the prosecution, said that the case, “…involved no resistance by the complainant because at the time of the incident she was in the bedroom of another man with whom she just had consensual sex. She believed it was that man who returned to the bedroom. She only realised it was the defendant when the man she had had sex with returned to the bedroom and found the defendant on top of her.”
“The complainant didn’t agree to either the touching or the sexual intercourse with the defendant. The defendant was aware there was no agreement or simply didn’t care.”
The 12 jurors were sworn in today and the case is set to continue this week.