The jury in an ACT Supreme Court trial of a busker charged with raping a heavily drunk woman after he found her at Glebe Park was discharged on Thursday.
After deliberating since Wednesday morning, the jury was unable to reach a verdict.
Wallace Nya Quoibia, 55, faced a one-week trial after he pleaded not guilty to sexual intercourse without consent.
The court heard Quoibia last December took a heavily drunk woman back to his unit after he found her alone at the park.
He then allegedly raped her while she slept on his bed.
Quoibia later took the complainant, in her 20s, to her aunty's house where he said he saved her.
Prior to being taken to his place, the complainant and her cousin were drinking in the latter's unit in Reid before they went to Mooseheads where Quoibia was busking nearby.
Evidence during trial included a video of the complainant's interview with police.
She said the alleged rape happened when she woke up the first time, during the dark, for "not even a second" and found "this man on top of me".
"It was not consensual sex ... I should've stopped it," she said.
The complainant said she tried to push him off, but she passed out again.
She said that when she woke up the second time during daylight, the accused told her "I couldn't leave you there" and kept saying he loved her.
"It creeped me out. I just wanted to get the hell out of there," she said.
During her examination in chief, the complainant, who had the support of a witness intermediary, reiterated most of what she told police.
She said that after getting dressed, she "just felt really gross" and that "something didn't feel right".
Her memory of what happened was challenged during cross examination.
Quoibia maintained that no sexual activity occurred that night.
The trial heard he participated in a police interview in which he said the complainant accepted his offer to go to his place.
He told police that, while at the unit, he came out of the bathroom to see the complainant naked on his bed before he rebuffed her.
Other evidence came from an Australian Federal Police forensic biologist, who said no male DNA nor semen were found on the complainant.
In her closing address, prosecutor Sofia Janackovic said that while the complainant "was not the perfect historian", the jury would accept the complainant's words.
Ms Janackovic also cited the complainant saying "I didn't want to tell anyone until I was sure myself".
She attacked Quoibia's interview with police, saying many aspects were inconsistent.
Defence lawyer Sarah Baker-Goldsmith, in closing, said the complainant was not a credible witness and that she said multiple times about having a "weird memory" without being able to explain it.
Ms Baker-Goldsmith said that during the complainant's evidence in court, she littered her evidence with "maybe, I reckon, I believe, I would have, they believe", which the defence lawyer said may show an effort to reconstruct various events.
She said in her opening that there was no sexual contact and no sexual intercourse between them.
"Mr Quoibia did talk to police and he did so voluntarily and he provided his DNA voluntarily," Ms Baker-Goldsmith said.
The case is set to return to court for an administrative listing on October 20.
