A MAN twice raped a woman who was high on drink and drugs in his living room while his girlfriend slept nearby, a court heard.

Justin Finnerty, of Roman Way, Bicester denies two counts of rape and one count of assault by penetration.

Oxford Crown Court heard at the start of his trial yesterday how the 22-year old had been on a night out in Bicester together with the woman - who cannot be named for legal reasons, and others on a night in July last year.

Outlining the case prosecutor Amanda Hamilton told jurors that during the night a number of the group, including the woman, had smoked cannabis and drank alcohol including Desperados and Jägerbombs.

Later, the court heard, the drugs caused the woman to feel unwell, causing her to vomit.

Finnerty then invited the woman to stay at a house in Bicester together with his girlfriend after her plans fell through, the court heard.

It was while the three of them were at the house that he went on to rape the woman on two occasions, before carrying out a third sex act on her, jurors were told.

Ms Hamilton said: "It is the crown's case that on that night Finnerty knew that [the woman] had had far too much to drink.

"He performed full intercourse with her without her consent and didn't reasonably believe she consented because she was in a terrible state.

"And he returned to rape her a second time, knowing that she could not give any consent."

She added that at some time during the alleged ordeal the woman had 'blacked out' though she was unable to recall for how long.

After the woman left the house the following morning, the court heard, she later went to the John Radcliffe Hospital after she raised concerns about what she said had happened.

DNA evidence was then taken from her, jurors were told, which went on to indicate that Finnerty's DNA had been identified on the woman's genitalia - indicating that the possibility it was not Finnerty's was one in a billion.

The court also heard of text message evidence seized from a mobile phone which allegedly showed a message sent from Finnerty to the woman reading 'I hope you had a good night.'

A further text message, allegedly sent by Finnerty to his girlfriend who was in the house at the time, said that he would not be coming to bed yet as he, too, was vomiting, the court heard.

After the allegation had been made by the woman and hospital staff contacted police Finnerty was arrested and interviewed.

The court heard that Finnerty told officers that no rape had ever taken place that night and said that he had simply left the woman to herself on the sofa.

Detailing his time with police, Ms Hamilton added: "He is a man of good character so he had never been to a police station, he answered all the questions put to him.

"[He said] she asked if he could say at his house, he said he went to the house. He said all three of them had smoked some cannabis and [the woman] started vomiting.

"He said he went to bed leaving [the alleged victim] on the sofa."

Finnerty denies carrying out the alleged rapes and the trial - expected to last three days, continues.