A District Court jury has been told a woman was allegedly sexually assaulted and choked in an alleyway near a Newcastle bar.
Jack Milner, 21, is standing trial after pleading not guilty to aggravated sexual assault occasioning actual bodily harm in November 2022.
The apprentice mechanic also pleaded not guilty to intentionally choking a person without consent.
In her opening address, Crown prosecutor Charisse Hodgeman told jurors the alleged assault happened near a bar in an alleyway off King Street.
The jury heard the two were strangers and that the woman approached Mr Milner and asked to borrow his shirt after she was denied entry to another venue.
The prosecutor said at that point they went to the alleyway, but at no stage did the woman consent to sex.
“The accused started pulling up her dress, she felt his hand touch her genitals and felt her underpants rip,” Ms Hodgeman told the court.
“He grabbed her around the throat with one hand and pushed her head up against a wall with some force.
“She had trouble breathing and tried to yell but couldn’t.”
Jack Milner was charged after allegations were made in relation to a night in November 2022. (Facebook)
‘She began yelling’
The court heard the woman and Mr Milner had climbed several fences and tried to access locked doors before the alleged attack.
Staff from the bar became aware the woman was outside and took her inside to assist her.
Ms Hodgeman said the woman felt “panicked and scared”.
“She began yelling at the accused and saying, ‘Get away from me’ or ‘Stay away from me,'” Ms Hodgeman told the court.
“Then the accused said, ‘Hey we were both kissing, we both wanted that.’
“The accused then left area.”
Ms Hodgeman said that night the woman rang three friends and told them what had allegedly happened.
“To all three she allegedly said ‘Somebody tried to attack me,'” the court was told.
Ms Hodgeman said the woman elaborated by saying “someone tried to attack me and rape me down an alleyway, I had to fight them off and kick them”.
“There was no consent,” Ms Hodgeman told the court.
Mr Milner is standing trial in Newcastle District Court. (ABC News: Dan Cox)
‘No sexual assault’
Defence barrister Margaret Cunneen SC told the court that there were “two sides to what happened over a few short minutes on that night”.
“The complainant engaged Mr Milner in a conversation as he walked along the street,” Ms Cunneen said.
“There was no sexual assault, there was no DNA on the outer or inner genitalia area, no cells, no sperm cells.
“The defence case is that there was nothing that was not entirely agreed upon in a short couple of minutes in the alleyway.
“There was some mutual kissing while they were dodging around in the alley … bobbing up and down when they heard someone coming.”
Ms Cunneen told the court both parties were worried about being in an area that was private property.
“It is the defence case … so as not to get in trouble, the complainant made up this false complaint against Mr Milner, who himself was fearful of getting in trouble,” Ms Cunneen said.
“So when staff came out and told him to go, he went.”
Ms Cunneen said if jurors found the woman “unreliable” they should find Mr Milner not guilty.
The trial is expected to run for up to five days.
