A man who was standing trial on a rape charge, accused of having sex with a woman as she slept, has been found not guilty by a District Court jury. Adam Neville Powell, 28, was fighting a charge of sexual penetration without consent after it was alleged he raped a sleeping woman in her home on September 18, 2020. The prosecution argued Mr Powell had been socialising with the alleged victim for a week before she invited him to have drinks at her home with another friend of hers. She went to bed later that night while Mr Powell and her friend were awake and woke up to the alleged incident, after which she told Mr Powell to leave, State prosecutor Stuart Packham said. Mr Powell faced a four-day trial in Geraldton District Court before a jury took just under an hour to find him not guilty. Testifying in court, Mr Powell stated he had consensual sex with the complainant multiple times the night before, and that she was awake and reciprocating his advances when he had sex with her on the morning in question, which the alleged victim denied. “I honestly believed she was consenting,” Mr Powell said. The alleged victim also testified, denying she had made up the accusation out of a feeling of guilt as she was in a relationship at the time. “I wouldn’t feel guilty about giving consent, I didn’t give consent,” she said. Part of the prosecution’s case involved a recorded phone call between Mr Powell and the complainant in which she accused him of the alleged act. In the recording, he neither admitted nor denied the allegation, instead repeating that it was a “hectic night”. When asked about the call, Mr Powell said he regretted not denying the accusation, but was trying to avoid being sucked into an argument. Mr Powell’s lawyer, George Giudice, pointed to several inconsistencies in the alleged victim’s testimony and argued there wasn’t enough evidence to convict his client, urging the jury not to focus solely on the phone call. “You’ve got to look at what a person says as a whole, in context,” he said. Mr Powell could be seen in tears as the verdict was delivered, having told the court the accusation had left him “pretty broken, pretty hurt”. “It does take an emotional toll,” he said.