A JURY has retired to begin determining the fate of Justin Kane Millington, accused of raping or sexually touching two women he met on the dating app Tinder.
Mr Millington, 49, has pleaded not guilty to five counts of sexual intercourse without consent, five counts of sexually touching a person without consent and one count of inciting another person to sexually touch them without consent and is facing a trial in Newcastle District Court.
The charges relate to alleged offences against two women who Mr Millington met on Tinder in 2020 and 2021.
Mr Millington is accused of sexually assaulting one woman in bushland near the Fernleigh Track in 2020 and then, exactly a year later, sexually touching a second woman at her home.
During her closing address on Wednesday, Crown prosecutor Kristy Mulley told the jury Mr Millington either knew the women did not consent or he was at least reckless about whether they were consenting.
"At no stage did [the first woman] suddenly start to consent," Ms Mulley said. "Her lack of consent continued throughout."
And Ms Mulley said Mr Millington had "no reasonable grounds" to believe the second woman had consented.
During his closing address, defence barrister Bill Hussey said both women lied about what happened and Mr Millington believed the women had engaged in sexual activity willingly.
After listening to the closing addresses and Judge Penny Hock's summary of the evidence and the issues, the jury retired to begin deliberating about 2.30pm on Thursday.
To see more stories and read today's paper download the Newcastle Herald's upgraded news app here.
