Amit Hamal, an Indian restaurant delivery driver, was charged with having sex without consent at the victim's Rose Bay home on Jul 16.
On the night of the incident, the woman and her husband had ordered Indian food but then went off to sleep. Hamal reportedly arrived at their home and entered through the front door that was open.
He was then accused of walking into the woman's room and sexually assaulting her while her husband was asleep in the lounge.
The woman had assumed Hamal was her partner when they were having sex.
But Hamal's lawyer Audie Willert said that his client admitted having "consensual" sex with the woman.
"There's no dispute he was there, he says the sexual act was consensual," added Willert.