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Court hears of alleged rape in Highton home

A Geelong man is accused of climbing into bed naked while a woman was half-asleep and raping her, a court has heard.

Justyn Mark Keiller, 36, is alleged to have raped the woman in 2020.

Mr Keiller, who has worked in financial planning, pleaded not guilty to the charges in the County Court in Geelong on Thursday.

The crime is alleged to have occurred after a night out in Geelong, when the woman’s friend met a friend of Mr Keiller at the Bush Inn Hotel (now known as Toorak Hotel) in the CBD.

The group then all made their way to Mr Keiller’s friend’s home.

The court heard Mr Keiller’s friend and the woman’s friend became intimate in the late hours of the night.

Crown prosecutor, Andrew McKenry, said Mr Keiller fell asleep at the home, then woke up and went to a bedroom where his belongings were, before getting into a bed where the alleged victim was half-asleep.

The court heard Mr Keiller, unaware the woman was in the bed, got into the bed naked.

The woman assumed the person coming into the room was her friend.

Mr McKenry told the jury the alleged victim then felt her underwear being pulled down.

“She froze for a moment before pulling her underwear back up.

“At this time she was shaking and breathing fast and realised it was the accused man who was in the bed.”

Mr McKenry said Mr Keiller tried to pull down the woman’s underwear again and the woman pulled them back up, “fearful” that Mr Keiller was trying to penetrate her from behind. She then rolled onto her back in an attempt to sit up.

“Before she could do so, the Crown says the accused man has gotten on top of her, he has then pushed her legs open, and the victim said: ‘No, what are you doing, please don’t do this’.

“The victim said: ‘No, please stop, no, what are you doing?’ and said this at least five times.

The accused then put his penis into the victim’s vagina and thrusted several times, Mr McKenry said.

The court heard that afterwards the woman was “shaking, crying and frozen”.

Mr Keiller’s barrister, Lucien Richter, told the jury his client did not rape the woman.

“Let me be very clear, he didn’t rape her in away way and he didn’t insert his penis into her vagina,” Mr Richter said.

“Nothing that occurred in that bedroom where he was, was non consensual.

“She was a willing and active participant,” he said.

The trial continues.

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