Jury deadlocked on massage rape allegations

Estuardo Ioberto Pazmino was on trial over allegations he raped a 19-year-old in his massage room in May 2009.

The Crown alleged Pazmino pulled off the woman's underwear during the massage, before forcing intercourse without her consent.

Pazmino's lawyers argued the sex was consensual, and that the woman took her own underwear off before urging the masseur to have sex with her.

In her closing statement to the jury on Friday, Crown Prosecutor Kylie Weston-Scheuber told the jury 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.

She said she was unable to move or speak, except to reiterate to Pazmino she wanted him to massage her upper back, put a towel over her face so she couldn't see what was happening, and to tell him she was not on contraceptive pills.

Ms Weston-Scheuber reminded the jury the lack of verbal or physical protest did not presume there was consent.

She described the woman as an "honest and genuine" witness, and said Pazmino had grossly abused his position of trust as a masseur.

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 jurors began deliberating this morning, after hearing five days of evidence and submissions.

After three hours they told the court they were unable to reach a verdict.

Justice Hilary Penfold sent them back to resume deliberations but at about 4pm they remained deadlocked.

The judge thanked them for their service and sent them home.

Pazmino remains on bail and is set to face a retrial on a date to be fixed.