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Posted: 2018-03-19 05:32:17

They continued to talk and message on social media, the court heard. He apologised for that night and he visited her one evening at her home, where she gave Mr Ellis a back massage.

About a month later, on July 24, the pair ran into each other again at Mooseheads on a Saturday night. They kissed again, and at about 3am Mr Ellis asked if she wanted to go home. She said yes, but that she had a latex allergy and so they had to go to her home where she had latex-free condoms. They decided to get a taxi, and Mr Ellis suggested they go back to ADFA. "Sure," she said, "but if we go back to ADFA we're not having sex."

Once back at his room, the woman said Mr Ellis took his clothes off to get into bed. She got into bed with him with underwear on.

She said they kissed and started consensual sexual activity, and that she gave him oral sex. She said Mr Ellis then tried to insert his penis inside her vagina. "I snapped and I got off him ... and I said to him, 'What are you doing?'" She said she had told him that they were not going to have sex. "I'm really not happy with this," she told him.

She said he apologised, and she accepted his apology. But she said after further sexual activity he inserted his finger into her anus and tried to do the same with his penis. "I was like, I'm not comfortable with this," she said. She told the court she had previously told him that she was not interested in anal sex.

She said she told Mr Ellis: "You're obviously not listening to me and you're obviously not respecting my boundaries."

She said she rolled over to go to sleep. Mr Ellis allegedly told her: "I'm not done." It's alleged that Mr Ellis then sat on top of the woman and ejaculated onto her chest while she tried to wriggle out from underneath him.

"The Crown says there were sexual acts that took place ... that they occurred without her consent and this lack of consent was known to the accused," prosecutor Rebecca Christensen said in her opening address to the jury.

Defence barrister Stuart Littlemore QC said in his opening address that every sexual act that took place was with the consent of both parties.

He said Mr Ellis has asked non-verbal "questions" of the woman while they were being intimate.

"[On] occasions she said no, or she was not comfortable, there was no attempt to go further," he told he jury, "he respected her refusal.

"If this fit, strong man wanted to have sexual intercourse with a slight, 20-year-old woman, it would have happened," he said. "It never got as far as an attempt."

Mr Ellis, is charged with two attempted rapes, one rape, two acts of indecency without consent and one act of indecency in the third degree. He has pleaded not guilty to each count.

Justice John Burns also addressed the jury on Monday, warning the seven women and five men that they should not do their own investigations of the case and to put any media reporting out of their mind when coming to their verdicts.

The trial continues.

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