A Sydney massage therapist who allegedly sexually assaulted a female client during a session will claim he thought he had her consent, a court has heard.
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Anthony Theodosiou, 31, is on trial in the Downing Centre District Court charged with three counts of sexual intercourse without consent and five counts of indecent assault.
In her opening address to the jury, Crown prosecutor Linda McSpedden said the woman had won a voucher at a charity event to receive a free massage at the Shire PTC personal training studio in Kirrawee in Sydney's south.
The woman frequently suffered from head and neck strain from her work as a veterinarian, the court heard.
Ms McSpedden said the woman was expected to give evidence that it was on her third visit to the studio in August 2015 that she was repeatedly assaulted as she received a massage.
Mr Theodosiou allegedly digitally penetrated the woman three times and also rubbed and licked her breasts during the course of the massage. During the alleged assaults, the woman was lying on her back and front, and wearing her underpants.
The accused, the court heard, asked whether the woman was okay more than once and she either made a gesture or mumbled.
"She was frozen and scared and didn't make any objection," Ms McSpedden said.
The woman is expected to give evidence that when Mr Theodosiou asked her if she wanted him to stop she replied "you better stop" and "yes stop".
The court heard the woman got dressed, booked another appointment, paid for the massage and left.
The woman then went to Sutherland Police Station and told officers what had allegedly occurred.
Ms McSpedden said a swab sample taken at hospital detected Mr Theodosiou's DNA on the woman's right nipple.
Mr Theodosiou's defence barrister Les Nicholls told the jury that the question for them to consider was whether his client had honestly believed at the time that the woman was consenting. The fact that touching occurred, he said, would not be contested.
"On each and every time that this touching was done the accused said 'are you ok with this?'...At the time she says 'stop' he does exactly that," his barrister said.
"If you ask someone 'are you ok with this?' and she says 'hmmm' and another time when you ask and she says to stop and you immediately stop, they will be indicators for you to enter into this mind at the time of this incident."
The woman will give evidence to the jury before a closed court.
