A man changed with raping his partner and mother of his child claimed today that the sexual act was consensual until the woman decided to withdraw consent half way through.

The man, 22 from Msida, whose name cannot be published by court order, pleaded not guilty to raping his girlfriend between 9 and 11.30am yesterday at the woman's house. Her name also cannot be published by court order.

The court heard how the couple have been together for around eight years and have a child together.

According to defence counsel Joe Giglio, the couple had an "on again, off again" type of relationship. He said that according to his client, the sexual act began with consent from both parties but consent was withdrawn halfway through, leading her to file a complaint that she had been raped.

The man was further charged with holding the woman against her will, slightly injuring her, and breaching the conditions of a previous release, having been handed a suspended sentence three years ago.

Before Magistrate Josette Demicoli, he pleaded not guilty to the charges brought against him.

Dr Giglio said he was not making a request for bail as this would be turned down anyway since the alleged victim still needed to testify.

He, however, requested the court to appoint an expert to examine the couple's individual mobile phones and their Facebook accounts and extract anything that could be relevant to the case.

Prosecuting officers Joseph Busuttil and Robert Vella requested the expert to extract an audio recording of the alleged rape which the woman captured on her mobile phone.

Magistrate Demicoli upheld both requests.

 

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