After a week-long rape trial in the ACT Supreme Court, the jury has been asked to consider two versions of events and decide who they believe.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The Crown alleges Kerry Roy Bye, 25, approached the then-19-year-old woman outside Cube nightclub in Civic, in the early hours of Friday, November 13, 2015.
It's alleged that under the guise of helping her, Bye led the woman to a taxi and then to his Cook unit, where he violently raped her.
The Crown case is that woman resisted and tried to escape, eventually running naked from the unit when Bye left the bedroom.
"[The woman] does not have a memory of everything that happened. She has told you about the memories she does have," prosecutor Jane Campbell said in her closing arguments on Tuesday.
Ms Campbell said the woman remembered vomiting in the bushes outside the club. Tthe woman remembered being in the bedroom and resisting and trying to escape, before her hair was pulled and she was choked and hit around the head.
"Just because she intended to go out and get drunk, doesn't mean she has to take the consequences of being taken advantage of.
"She did not consent just because she gave up the fight," Ms Campbell told the court.
Bye's defence barrister Ken Archer asked the jury to consider the reliability of the woman's account, which was marked by blackouts.
He asked what the woman and Bye had done in the hour and 20 minutes in between arriving at the Cook unit, and the woman running naked into the Cook shops car park.
What had the "ring of truth" to it was that they were talking and been intimate with each other on the couch before moving into the bedroom, he said.
When she ran from the apartment and climbed a fence, it was suggested by the Crown it was in fear of Bye, Mr Archer said.
"But really is it Mr Bye she's terrified of? It's extraordinary behaviour, but not indicative of someone who's thinking clearly."
Mr Archer said the woman's behaviour could not be explained by the amount of alcohol she said she had drunk that night.
He said Bye had gone to the police in the hours after the incident, giving them his name and address.
"That's extraordinary. This 'vicious rapist' has gone down to the police station to implicate himself in a vicious rape."
Bye is charged with three counts of rape, two of sexual assault in the second degree, one count of committing an indecent act and one of unlawful confinement.
On Wednesday, Justice John Burns will address the jury before it retires to consider its verdict.
