WINNIPEG -- A Manitoba judge who sparked national outrage after he commented on an alleged rape victim's attire and readiness "to party" is once again hearing sex assault cases.

Justice Robert Dewar's February 2011 comments prompted multiple complaints to the Canadian Judicial Council and a decision by Manitoba Queen's Bench Chief Justice Glenn Joyal temporarily barring Dewar from hearing sex assault cases.

Earlier this week, Dewar heard testimony in the case of a man accused of raping his girlfriend's 16-year-old niece. Justice sources say it's the first sex case Dewar has heard since he returned to full duties last November.

The now 22-year-old alleged victim said she and her aunt were sleeping over at the accused man's home when she awoke to find him raping her.

The woman said she pushed the accused off of her and ran to his son's bedroom, where she spent the rest of the night.

The accused, Lyle Alexander Moodie, admitted having sex with the teen, but claimed she was the aggressor.

Moodie told court he woke up to use the bathroom and was returning to his bedroom when the girl beckoned him from the living room couch.

"She just suddenly grabbed me by the pajama bottoms, I pulled back and said, 'No, stop'," Moodie, 53, testified.

Moodie said the teen started performing oral sex on him.

"I was just, like, shocked," he said. "I didn't know what to do. It was hard to say no."

Moodie said the teen pulled him on top of her and held him tight as they had sex.

"Were you being sexually assaulted?" Crown attorney Wendy Friesen asked Moodie.

"I'm pretty sure I was, yeah," Moodie said. "I didn't initiate it, she did."

Dewar reserved his verdict. A decision date will be set next month.

In February 2011, Dewar convicted Thompson, Man., resident Kenneth Rhodes of sexual assault and sentenced him to two years house arrest.

Dewar described Rhodes as a "clumsy Don Juan" who had the mistaken belief "sex was in the air" and a "heightened expectation" sex would occur.

Dewar said the victim and a friend were dressed in tube tops and high heels when they met Rhodes and another man outside a bar "and made it publicly known that they wanted to party."

Dewar later apologized for his remarks, acknowledging they "negatively affected women who are victims of sexual assault."

Last November, the Manitoba Court of Appeal overturned Rhodes' conviction and ordered a new trial.

The appeal court ruled Dewar did not properly assess the credibility of the accused and the alleged victim in reaching his verdict. Dewar's contentious comments were not a consideration in the appeal court's ruling.

dean.pritchard@sunmedia.ca