A man accused of raping a woman at a New Year's Eve party is "a cheater ... but he is not a rapist," a defence barrister has told a jury.
The alleged rape is said to have occurred near a group of children gathered to set off fireworks, and left the woman feeling "violated, uncomfortable, scared".
The alleged offender, Steven Howarth, 37, faced the start of a jury trial in the ACT Supreme Court on Monday.
He previously pleaded not guilty to sexual intercourse without consent.
In her opening address to the jury, prosecutor Elizabeth Wren said Howarth and the alleged victim both attended a 2022 New Year's Eve party at a friend's home.
Howarth, who was at the party with his wife, chatted with the alleged victim and exchanged messages on Snapchat, Ms Wren stated.
After watching fireworks, Howarth and the alleged victim, who did not previously know each other, went for a walk with a group of children to a nearby oval.
The court later heard this was in order to let off illegal fireworks.
During the walk, Howarth is said to have lifted up the woman's dress and pulled down her underwear, despite her saying stop.
The prosecution alleges that shortly after this, at a cricket pitch, Howarth grabbed the woman from behind, kissed her neck and tried to pull her underwear down again, before digitally raping her.
Ms Wren told the jury the alleged victim said "no" more than once and "she couldn't get away".
Howarth is accused of then sitting down on the ground and asking the woman to "sit on his c--k", to which she said "no".
After returning to the party, the alleged victim contacted police.
Defence barrister Sarah Baker-Goldsmith, in her opening statement, argued her client "is a cheater" but the sexual act in question was consensual.
"He cheated on his wife but he is not a rapist," Ms Baker-Goldsmith stated.
The barrister said Howarth had told police the alleged victim had reached around "and had her hand on my privates, doing what girls do when they've got their hands on your privates".
"One mistake, it's f---ed up my whole life and it's consensual," he said to police.
The alleged victim gave evidence, claiming she was very drunk at the party and Howarth "was trying to feed us alcohol".
The woman said the alleged rape left her feeling "violated, uncomfortable, [and] scared".
During cross-examination, Ms Baker-Goldsmith said the woman had sent a series flirty Snapchats to Howarth including a picture of her bare chest.
The alleged victim denied flirting and claimed she was wearing a dress in the picture. She said it was common for her to send people photos of her tattoos.
In pre-recorded evidence played to the court a child, who was present at the time in question, stated he heard the woman say "no" multiple times.
"The last one was kind of like a scream, kind of, a bit softer than a scream," the child said.
The trial continues.
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Support is available for those who may be distressed. Phone Lifeline 13 11 14; 1800-RESPECT 1800 737 732; Canberra Rape Crisis Centre 6247 2525; ACT Domestic Violence Crisis Service 6280 0900.
