Knife held to woman's throat during rape, court told

THE jury in the trial of a man accused of raping a woman at the side of the road on Toowoomba's outskirts will return today for further deliberations.

Martin Karl Gould, 39, is accused of holding the then 49-year-old woman against her will, assaulting and raping her at the side of the road near Vale View late on the night of August 7, 2010.

Crown prosecutor Noel Needham said the woman had pulled over to the side of the road after having car trouble.

When she got out with a torch to inspect the car, a van pulled up and a man had asked if she needed help.

She declined the man's offer of help but she claimed he had then grabbed her, pushed her into the back of the van, punched her in the face, held a knife to her face and raped her.

Her attacker then shoved her out of the van and left her at the side of the road as he drove away.

She drove herself to hospital where she was treated and tested but no evidence had been found to help police with their investigations.

The woman helped police compile a comfit description of the man soon after the event and some months later nominated Gould on a police photoboard as her attacker.

Gould has pleaded not guilty to the charges.

Mr Needham said the case came down to one of identification and whether Gould was the attacker.

Gould's barrister Robbie Davies submitted there was no evidence linking his client to the incidents.

The jury retired to consider a verdict at 11.40am after Judge Deborah Richards had summed up the case.

However, the nine men and three women on the jury returned at just after 3pm to say they couldn't reach a verdict.

Judge Richards asked the jury to continue deliberations but when no verdict was reached late yesterday afternoon, she sent them home and asked them to return to continue deliberations this morning.