SAN DIEGO -- A man beat, choked and raped the mother of his baby after telling the victim she was a bad mother, a prosecutor said Tuesday, but a defense attorney said the woman gave different statements to police after the alleged attack and had reason to lie.

Robert Aristo Gallardo, 27, is on trial for rape, false imprisonment, assault and inflicting injury on a current or former spouse in connection with the attack last June 9 on the mother of his 4-month-old daughter.

Deputy District Attorney Teresa Santana told the jury in her opening statement that Gallardo was out of the picture when the victim gave birth to their daughter in February 2008 and the woman had moved in with another man and his family.

Last May 31, the victim met up with Gallardo and the two had consensual sex twice during that week, the prosecutor said.

On June 8, the woman and Gallardo went to the beach, where they argued about the way she cared for the baby, Santana said.

Gallardo called the woman a "bad mother" and she slapped him, the prosecutor told the jury.

The defendant then slapped her twice, busting her lip open, Santana said.

The woman drove Gallardo back to his residence, where he told her he was keeping the baby overnight, according to the prosecutor.

The next day, the victim was assaulted when she returned to Gallardo's residence to drop off some baby items before work, Santana said.

The prosecutor said the defendant told the victim they needed to talk and when they got inside, he grabbed her by the hair and threw her down.

Gallardo hit and kicked the victim, then grabbed a yellow rope and choked the woman twice into unconsciousness, Santana told the jury.

The defendant then raped the woman with her baby nearby, the prosecutor said.

Once she got to work, the woman's supervisor saw the red marks on her neck and called police, Santana said.

Gallardo was arrested and taken to police headquarters and escaped from a patrol car, but was taken back into custody, the prosecutor said.

The victim, now 26, testified that she "saw stars" when Gallardo slapped her at the beach.

Before she was raped, the woman said she tried to make a run for the door, but Gallardo held it closed with his hand, she testified.

"He told me that was it ... I was done," the woman testified.

She said Gallardo demanded sex and when she said no, he forced himself on her even though she was on her period.

After the forced intercourse, Gallardo told the woman to clean herself up, she testified.

"He told me to clean myself, so I won't say he raped me," the woman testified.

Defense attorney Susan Clemens told the jury that the victim was having sex with Gallardo while living with another man, who told her to break it off with the defendant but she refused.

The victim told the defendant that if he gave up his fight for custody of their child, she would drop the criminal case against him, according to Clemens.

The attorney said an expert would testify in the trial before Judge Howard Shore that he saw no marks on the victim's neck consistent with her being strangled.

Gallardo faces 25 years to life in prison if convicted.