A MAN has demanded a judge allow him to show his penis to a jury to prove his girlfriend choked to death during oral sex.

A Florida court is considering the request made during the trial of Richard Henry Patterson.

2 Richard Henry Patterson has asked to show a jury his penis to prove his girlfriend choked to death during oral sex Credit: chrismurphymedia@gmail.com

The pensioner is accused of murdering his girlfriend in her bedroom in October 2015.

He claims 60-year-old Francisca Marquinez's death was an accident that occurred during a sex session.

The 65-year-old from Margate, on the Floridian south coast, has previously admitted choking his girlfriend but never explained how, the local Sun Sentinel reports.

His attorney, Ken Padowitz, has told the court that the size of his member is a key factor in the defences case.

Padowitz wrote in his motion to the court: "“Dr. Ronald Wright, an expert witness and former Broward County medical examiner, will testify that … her death is consistent with being accidentally sexually asphyxiated during oral sex.

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“It is material and relevant. The view by the jury is essential for them to fully understand Dr. Wright’s testimony and the defence in this case.”

The reveal would not be in open court but in private allowing only the judge, jury, lawyers and bailiff to cast their eyes on Patterson's penis.

No hearing date has so far been set for the motion relating to his manhood.

Patterson is charged with second-degree murder, with jury selection scheduled to begin 15 May.

2 Patterson's legal team say the size of his manhood is key to the defence's case Credit: chrismurphymedia@gmail.com

According to the autopsy, there was no signs of trauma and no bruises on her neck.

But a medical report showed that the body was in early stages of decomposition making some bruising more difficult to detect.

Padowitz added: “It is rare in a murder case that the medical examiner can’t say the manner of death is a homicide”.

At the time of the death, Patterson had told his daughter in a text message that he “did something bad”.

And he later allegedly told a friend “I choked her. I choked Francisca."

But the lawyer pointed out: "He said he choked her. He never said he strangled her.”