ENCINITAS — The case of a middle-aged man accused of raping his ex-wife is now in the hands of a superior court jury.

Attorneys finished their cases Aug. 7, but not before the defendant, Kerry Head, testified earlier in the week.

Head, 40, is charged with a single count each of rape and oral copulation by force, inflicting injury to a spouse, threatening to cause injury or death, burglary and two counts of violating a restraining order stemming from an incident with his ex-wife last summer.

Where his ex-wife, Jane Doe — whose name has been withheld at the request of the prosecution to protect her identity — portrayed their relationship following their divorce in 2007 as amicable for the children, Head testified he believed there was chance that the couple may reconcile.

But after several months of moving their romantic relationship forward, Head said his ex-wife had a change of heart after she met someone new and ended any chance of the two mending their marriage. She even got a restraining order against him, he said.

Heartbroken and facing eviction, Head testified he went to Doe’s home around 11:30 p.m. July 19, 2007, to talk about the financial issues he was having because of the $1,750 a month he was paying to Doe for her rent and child support.

“I felt this was the only way to have an audience with her, but now realize I made a mistake,” Head said.

Initially, Head said she was startled when he awoke her, but after he explained why he was there, she calmed down and they were able to have a heartfelt discussion about their relationship. After their talk, he testified she got up to go to the bathroom in a skimpy outfit and when she returned he brought up “the promise,” a loose agreement to have sex one more time that Head had asked for in lieu of dragging out their divorce.

“I felt she should make good on the promise,” he said. “Everything I did after our separation, I did for her.”

Head testified he asked Doe twice if she would fulfill the promise that night. He said she turned him down both times, even saying she was pregnant, but on the third time he asked, he said she“ huffed” and said, “OK, let’s get it over with.” Head said the two then had consensual sex and laid together afterward.

“There were no signs of anger and she wasn’t asking me to leave,” Head said.

However, soon after, Doe got violently sick and began vomiting, Head said. She told me she was hemorrhaging and might be having a miscarriage, he said. As he prepared to take her to the hospital, she got to her car first and sped away, leaving Head dumfounded in the driveway, he said.

In a nutshell, Doe, who lied about being pregnant hoping it would stop the rape, testified she was raped under the threat that if she didn’t comply he’d kill her and then himself.

He said, “‘Remember that promise, you would never fulfill it so I’m here to collect,’” she testified.

Head remains in custody in lieu of $750,000.