Northern Districts cricketer Scott Kuggeleijn acted as any other man would when he tried to have sex with a woman after she had earlier said "no", his lawyer says.
The trial involving the 24-year-old is wrapping up in the Hamilton District Court today.
The Crown and Defence are both issuing their closing statements to the jury of eight men and four women.
Kuggeleijn’s defence lawyer Philip Morgan QC says his client stopped carrying on with sexual activity when the complainant told him to on two occasions on the night in question.
But the lawyer says after they woke up in the in the morning and began kissing and fondling each other again, Mr Kuggeleijn tried again and didn't receive a no.
Mr Morgan will finish his closing submissions this afternoon and Judge Phillip Connell will sum up the case for the jury tomorrow morning.
The crown prosecuting Mr Kuggeleijn has dismissed suggestions it is the result of “reluctant” or “hesitant” consent.
“This is not a case of reluctant consent,” crown prosecutor Jacinda Foster told the jury in the Hamilton District Court this morning, “it’s not a case of hesitant consent this is really a case where there was no consent.”
Foster says the alleged victim had no choice but to go through with it as he overpowered her.
“Rape doesn’t have to be pre-meditated. All it takes is a man who is very persistent.”