Prosecution and defence summaries in the trial of Timothy Joshua Langston, aged in his mid-20s, on two counts of rape were delivered to a seven-man, five-woman jury at Wodonga County Court yesterday.

Langston and the woman had been among the soldiers to attend Paddy’s Irish Bar in Albury on April 11, 2008, while visiting a barracks in the Albury-Wodonga Military District for training.

They were not known to each other before that night but Langston was among the people the woman had spoken to at the hotel.

Crown prosecutor Andrew Moore said when Langston asked another male soldier at the venue if he thought Langston had any chance of becoming intimate with the woman, the man told Langston he didn’t think so because she had told him earlier in the night she was a lesbian.

Defence barrister Bill Stuart said another male witness had given evidence the woman had kissed him on the lips with an open mouth after telling him she was a lesbian and had never had sex with a man.

The woman testified she did not remember the kiss.

Mr Moore said she had been affected by alcohol by the time she and a group of soldiers, including Langston, returned to the barracks after leaving the hotel about 3am on April 12.

Analysis of a blood sample taken at hospital at 9.30am that day, after the alleged rape had been reported to police, returned a blood-alcohol reading of 0.09 per cent.

Mr Moore said the woman, who was in a relationship with a female partner, had fallen asleep in the taxi back to the barracks and had needed support from Langston and another male soldier to walk to the room where she was staying.

Mr Moore said the witness had given evidence that he and Langston had put the woman to bed after she vomited outside.

After they left her room, Langston allegedly stopped on the outside balcony while the witness left.

Mr Moore said Langston had then returned to the woman’s room and raped her orally and vaginally.

The prosecutor said the woman had been too affected by alcohol to consent to sexual intercourse.

But Mr Stuart said his client and the woman had engaged in consensual sex after Langston had asked if he could stay in her room.

The trial before Judge Liz Gaynor, which began on March 3, continues.