***WARNING GRAPHIC EVIDENCE***
A FORMER couple's relationship has been described as 'chaotic on-again, off-again between two ice freaks' during a trial where the man has been accused of forcing the woman to give him oral sex.
The man had pleaded guilty at the beginning of the trial in the Rockhampton District Court to five charges in relation to assaults and choking of the woman while she lived with him in Rockhampton during a short period last year.
However, he has pleaded not guilty to one count of rape for the alleged oral sex.
Crown Prosecutor Tiffany Lawrence, in her closing address, said the woman alleged she was forced to give the man oral sex for about an hour or two and that he ejaculated two or three times in that period.
The allegation included the woman being asked by the man to give him oral sex, which she initially said no to, but when she turned to look at him, he was sitting on the couch with no pants on, masturbating and then demanded oral sex.
Ms Lawrence said the woman feared he would become violent, as he had done on many occasions in the previous month, if she did not comply.
"'Putting up with it' is not consent," she said.
Ms Lawrence pointed to the woman's evidence where she said the defendant put his fingers in her head wounds that he had caused days before while he was forcing her head down on his penis.
However, defence lawyer Ross Lo Monaco in his closing address, put forward the man's version of events that day which included the woman offering the blow job to help him de-stress after a court appearance where he found out he could be facing six months in prison.
QUEENSLAND DOMESTIC VIOLENCE SERVICES
The court heard the penetration of the penis into the woman's mouth was not disputed, only whether it was consensual oral sex or not.
The court also details about the assault and choking incidents as part of the background of the alleged rape incident including an incident where he assaulted her while his mother was in the house, the injuries she'd sustained from the assaults included a laceration to her forehead near the hairline, two ruptured eardrums and a round bruise where he'd poked her with a broom handle.
"You don't automatically assume the rape occurred because he's been violent towards her in the past," Mr Lo Monaco said.
The accused had taken the stand during the trial and Mr Lo Monaco described his evidence as "warts and all" admissions to his drug taking, assaults and choking against the victim with some variances in version of events.
The court heard the couple's relationship started unravelling after the man discovered something on the woman's phone he didn't like and he threw it in on coals of a fire, but, according to Mr Lo Monaco, the man retrieved it before the phone was damaged.
A domestic violence order was then put in place and the woman returned to her family on the Sunshine Coast.
Ms Lawrence submitted the woman returned to Rockhampton after the defendant threatened her and her family, including her own children.
However, Mr Lo Monaco submitted the woman returned on her own accord as she arrived on a train and had to find her own way to his client's house as he did not meet her at the station.
Mr Lo Monaco raised this issue after the woman claimed she couldn't get away from the defendant.
"She's basically (alleged she's) been held captive," he said.
The court heard the assaults and choking incidents occurred after her return and she even called DV Connect after one incident and she spent the night at a shelter.
Mr Lo Monaco said his client claims the woman was free to come and go as she pleased, which she did, including when she spent the night at a friend's place.
He said referred to an incident where the woman was at a pay phone near the man's house when he drove past, saying if she hadn't been 'free', would the man stop the car and "drag her back to the house"?
Mr Lo Monaco said they were both 'ice freaks smoking and injecting the illicit substance.
He referred to one of the assault incidents where she claimed he became angry with her when she asked to go to Coles to get food.
"She said she needed food because she hadn't eaten for three days," Mr Lo Monaco said.
"She (admitted) she'd been using speed for three days (and that's why she hadn't eaten)."
He also attacked a part of her evidence where she claimed the defendant asked her to stab him in the neck to inject ice.
Mr Lo Monaco pointed towards his client's own evidence where he 'warts and all' admitted to "stabbing himself in the neck to get a hit of ice".
"It's all pretty sick and sad," he said. "It's a lifestyle many of us would want to swap with."
The jury retired before lunch yesterday and had not reached a verdict by close of business yesterday.
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