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AAP
AAP
National
Luke Costin

Alleged rapist's story shifting, jury told

Several women who have lived with rape accused Thomas Nicol (centre) have spoken highly of him. (Bianca De Marchi/AAP PHOTOS) (AAP)

An alleged rapist accused of getting a drunk woman to his home and attacking her as she slept has told a shifting story about the night, a prosecutor has said.

However, several women who have lived with the accused man say he is loyal and trustworthy and, in one woman's eyes, "wouldn't hurt a fly".

Thomas Joseph Nicol, 33, has pleaded not guilty to raping a woman he knew at his Bondi home after a night out drinking and snorting cocaine in January 2021.

He told the jury the pair engaged in consensual sexual touching after they went to his home to find her lost phone.

But prosecutor Emilija Beljic on Wednesday drew eyes to Nicol's initial explanation to the woman the day after the alleged assault.

In text messages, Nicol said the pair "spooned and snuggled" and that he was asleep until she woke him.

As the woman pressed further, he disclosed sexual activity but said no ejaculation occurred, only to later say "maybe I did blow".

In his testimony, he admitted ejaculating - which Ms Beljic says was a "convenient" way to explain DNA evidence.

"The accused's version shape-shifted, it changed on key aspects and you can comfortably not accept what he told you," Ms Beljic said in her closing address.

Nicol's evidence that the woman wasn't too intoxicated was "particularly baffling" given it flew in the face of friends, an unconnected witness and a doctor.

"Perhaps that (intoxication) makes her version more likely. He had to downplay it," Ms Beljic said.

Ms Beljic said forensic evidence corroborated the woman's account and her sobbing in court displayed her genuine upset at the breach of trust.

The woman told the jury last week she couldn't recall getting in an Uber with Nicol to his place and awoke to him kneeling over her touching her in bed.

She froze during the assault, fell asleep and then caught an Uber in tears about 7am, telling the inquisitive Uber driver she felt she'd been raped.

She repeated the allegation to her housemate, and later police.

"This was not just a regrettable sexual encounter, she clearly associated this as a breach of trust," Ms Beljic said.

Defence barrister Phillip Boulten SC said the alleged victim had always been confused about what occurred, locking herself into a belief of rape.

"(They) engaged in sexual activity that was, probably for both of them, entirely regrettable, that it was messy both physically and personally, and there's a very real chance she has structured her belief after the event because she feels entirely regrettable about what happened," Mr Boulten said in his closing address.

The jury has heard from former housemates of Nicol who spoke highly of him.

"He's loyal and trustworthy ... I haven't felt more comfortable with a man than with Tom," former housemate Hannah Hanfy said.

"Tom is, in the whole time I've known him, trustworthy, I think he's empathetic, I think he reads other people's emotions and tries to help them through life," Alice Flanagan said.

"One of the nicest people I know - he wouldn't hurt a fly," another woman said, before saying she'd never seen him in any way disrespect a woman.

The jury is expected to begin deliberations on Thursday.

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