Man accused of sexually assaulting pregnant partner

A MAN accused of sexually assaulting his pregnant partner told the woman she "wouldn't forget this", a court has heard.

The 40-year-old man is before trial at Lismore District Court after pleading not guilty to two counts of indecent assault and one count of sexual intercourse without consent.

The court heard during closing submissions by the Crown Prosecutor, the accused had been emailed a video of his partner "being sexually intimate" with another man on the morning on August 13, 2019.

The Crown Prosecutor said the accused became "angry" and confronted his partner who was 29 weeks pregnant at the time of the incident.

The accused then allegedly acted out his "revenge" and sexually assaulted the woman.

It is alleged the man used his hand to put pressure against the woman's anus, simulated sexual intercourse and penetrated her vagina with his hand.

In his final submissions, the Crown Prosecutor referred to evidence the court heard during the trial, where the woman had said she'd told the man to 'get off me and not hurt me or my baby'.

The court heard the woman had given evidence that once the alleged incident had finished and she was putting her clothes back on the man had said to her 'you'll never forget that, will you'.

"Finding that video was perhaps the trigger for his anger … the motive was to try and hurt an humiliate her and what the most degrading way," the Crown Prosecutor said.

"That hurt, that humiliation and degradation has been etched into her memory.

"He was enacting revenge (because the woman was) intimate with another man.

"Whilst the accused was angry, it's no justification or any excuse for what he did.

"This was retribution."

Meanwhile, the accused's defence barrister, Jason Watts, told the jury they should consider the fact there was no conclusive DNA evidence the man had sexually assaulted the woman.

Mr Watts said the man, who had a bloody hand after breaking an easel during the incident in anger, would surely had transferred his own blood to the woman, but none was detected.

The court heard any DNA evidence found on the complainant could have been discovered there because of the pair living together, and therefore DNA can easily be transferable.

Judge Jeffery McLennan is expected to hand down his final summary on Tuesday before the jury makes its submission in the Lismore District Court.



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