A GLADSTONE man accused of removing a condom without permission during sex has been found not guilty of rape.
A GLADSTONE man accused of removing a condom without permission during sex has been found not guilty of rape.

NOT GUILTY: Man accused of 'stealthing' rape is acquitted

A GLADSTONE man accused of removing a condom without permission during sex has been found not guilty of rape.

The verdict was delivered yesterday afternoon after the two-day trial of Samuel Dodd, who pleaded not guilty to one charge of rape in the District Court in Gladstone.

Known as stealthing - Crown prosecutor William Slack told the jury the crown case was that Mr Dodd and his victim were having consensual sex when he removed the condom without her permission and as a result, he raped her.

But the crown case was not accepted by the jury.

In his summary Mr Slack said during a closed court cross-examination of the woman defence barrister Scott Moon suggested the woman had allowed Mr Dodd to remove the condom.

It was suggested the condom "slipped off" during sex but the woman told Mr Dodd it was OK.

The court was told Mr Dodd was under the belief the unprotected sex was consensual as the pair had allegedly previously done so.

It was suggested the woman gave Mr Dodd "mixed messages" by sending him naked photos over Facebook.

The court was told the pair remained in contact after the alleged assault, which Mr Moon said the jury should consider in its verdict.

During the trial Mr Slack told the jury there was enough evidence to suggest she did not give consent to have unprotected sex on September 22, and further evidence to show Mr Dodd was guilty of the charge.

The court was told Mr Dodd and the woman were from the Gladstone area and met on dating app Plenty of Fish.

The pair messaged back and forth for some time before deciding to meet at an event at Tannum Sands.

On September 22 the woman attended Mr Dodd's unit and the pair went to have sex.

Mr Slack said she again told Mr Dodd "not without a condom" and she watched as he put one on.

During sex the woman discovered he was no longer wearing the condom and pushed him away, the jury was told.

Mr Slack read aloud a number of text exchanges between the woman and Mr Dodd, which he said showed Mr Dodd's guilt.

In a text the woman told Mr Dodd she felt "violated" and was "not okay" with his decision to remove the condom without permission.

Mr Dodd responded: "I know it was wrong, I made a mistake."

By 4pm on Thursday the jury had delivered its verdict and Mr Dodd was acquitted.