SANDPOINT — A jury of eight women and six men heard opening arguments Tuesday in a Sandpoint rape case.

Nicholas Levi Kuhn is accused of raping a woman at a residence in the early-morning hours of Aug. 10, 2018.

Kuhn, 21, pleaded not guilty to the charge.

Bonner County Deputy Prosecutor Nick Lapire told jurors the alleged victim awoke that morning to Kuhn performing a sex act on her before raping her.

“This case is about taking advantage,” Lapire said to jurors.

Lapire said the woman was unable to resist because of intoxication or because she was unconscious.

“She’s going to tell you she doesn’t remember going to sleep,” Lapire said, previewing the alleged victim’s testimony.

Jurors also learned there was no 911 call or rape kit in evidence. There was no 911 call because a Sandpoint Police officer happened upon Kuhn scuffling with the alleged victim’s former boyfriend inside a vehicle outside the South Boyer Avenue residence where the alleged sexual assault took place.

Officer Spencer Smith testified that a rape kit was not obtained because Kuhn ultimately admitting having sex with the woman.

Kuhn’s counsel, Public Defender Susie Jensen, said the alleged victim beckoned Kuhn to join her in the bed and help each other remove clothing.

“They engaged in consensual intercourse,” Jensen told jurors.

Jensen added that Kuhn’s statements to police have remained consistent and argued that the state would not be able to sustain its case.

The trial resumes today in 1st District Court with Judge Barbara Buchanan presiding.

Kuhn is free on a surety bond while the case is pending.