Alleged NYE party rapist 'doing something suss', jury hears

Steven Howarth, 37, is facing a jury trial and is accused of digitally raping a woman at a 2022 New Year's Eve party.

He previously pleaded not guilty to sexual intercourse without consent, arguing the act was consensual.

The prosecution has alleged that during the party, Howarth and the alleged victim, who did not previously know each other, went for a walk with a group of children to a nearby oval to let off fireworks.

During the walk, Howarth is said to have lifted up the woman's dress and pulled down her underwear, despite her saying stop.

Prosecutor Elizabeth Wren alleges that shortly after this, at a cricket pitch, Howarth grabbed the woman from behind, kissed her neck and tried to pull her underwear down again, before digitally raping her.

Ms Wren told the jury the alleged victim said "no" more than once and "she couldn't get away".

In pre-recorded evidence played to the ACT Supreme Court on Tuesday, a child witness said he didn't hear anyone say "no" or "stop" while on the walk.

However, the teenager stated another child had yelled "they are doing something suss" when Howarth and the woman were on the cricket pitch.

During cross-examination by defence barrister Sarah Baker-Goldsmith, the boy said that afterwards the children and the alleged victim had discussed the allegations.

He stated the woman had "slightly corrected" another child's version of events during this discussion.

When Ms Baker-Goldsmith asked the boy if his evidence had been impacted by these conversations, he responded "no".

On Monday, the defence barrister argued her client "is a cheater" but the sexual act in question was consensual.

"He cheated on his wife but he is not a rapist," Ms Baker-Goldsmith told the jury.

The alleged victim also gave evidence on Monday, when she denied flirting with Howarth and said the alleged rape left her feeling "violated, uncomfortable, [and] scared".

The trial is set to continue.