Estuardo Ioberto Pazmino was charged with three counts of sexual intercourse without consent and four counts of committing acts of indecency.

The Crown alleged he took off the 19-year-old woman's underpants during a May 2009 therapeutic massage, touched her inappropriately and forced intercourse. Pazmino denied the allegations, and his lawyers argued the sex was consensual.

In her closing statement to the jury on Friday, prosecutor Kylie Weston-Scheuber said that consent was the most critical issue in the trial.

The woman did not cry out or try to push Pazmino away during the intercourse, the court heard.

She told the court she entered a freeze state, where extreme shock caused a disconnect between her mind and body.

But defence barrister James Lawton said the burden on the prosecution to prove the charges was ''a heavy one''.

Mr Lawton said the simple physics of the encounter suggested it was consensual, and pointed to inconsistencies between the stories the woman told her doctor and the court.

The jury began deliberating yesterday morning, after hearing four days of evidence and submissions.

But, after deliberating for just a few hours, the jury returned, claiming to be deadlocked and unable to reach a verdict.

Justice Hilary Penfold sent them back to the jury room, urging them to continue weighing the evidence in the case.

Two hours later, the jury foreman again told the court they were unable to reach a unanimous decision.

The judge thanked the jurors and sent them home.

Pazmino, who is on bail, is expected to face a retrial at a date yet to be set. Louis Andrews