NASHUA – The attorney representing Carlos Ayala, the 52-year-old Merrimack man charged in November with sexually assaulting a woman known to him, has notified the court Ayala may argue the alleged sex acts were consensual if, and when, his case goes to trial.

In his four-paragraph notice, filed in Hillsborough County Superior Court-South, attorney Roger “Rusty” Chadwick said the “prior intimate behavior” between his client and the alleged victim “formed the basis for Mr. Ayala’s belief that some, or all, of the actions alleged are either not accurate, or were believed by Mr. Ayala to be due to the parties’ prior history of intimacy,” according to the notice.

Ayala, last known address of 256 Baboosic Lake Road in Merrimack, stands charged of two counts of aggravated felonious sexual assault – domestic violence, which are special felonies; and one count each of simple assault – domestic violence and false imprisonment – domestic violence, both misdemeanors, according to the indictments handed up in January.

Merrimack police arrested Ayala on Nov. 4, shortly after the alleged victim went to police headquarters with allegations Ayala sexually assaulted her, and restrained her, earlier in the day, police said at the time.

The woman accused Ayala of sexually assaulting her “while she was in the shower,” which led to the felony charges, while one of the misdemeanors accuses him of “slapping her buttocks.”

According to Chadwick, the false imprisonment charge alleges Ayala “somehow held (the woman’s) hips for an undetermined amount of time.”

Chadwick said his client, who has been incarcerated since his arrest, was initially reluctant to talk about the alleged prior sexual activity between him and the woman, and while he provided the details to prosecutors, he chose not to include them in the consent notice.

Chadwick suggested in the notice the possibility the alleged victim may have “testified falsely” regarding the status of their relationship.

In February, about a month after the grand jury indicted Ayala on the charges, Chadwick filed a motion asking the court for a hearing to review the terms of Ayala’s bail.

Chadwick noted his client had been working full-time before his arrest, and his workplace was willing to take him back if he was to be released from jail.

Chadwick also noted he had spoken to a leader at Ayala’s church, and was told they would “welcome Carlos back with the open arms of good Christians.”

However, Judge Charles Temple denied the motion, writing in his ruling that the issue of bail “has already been addressed on two separate occasions,” which gave Ayala a “full and fair opportunity to address the issue of preventive detention,” Temple wrote, referring to Ayala being held in jail on the preventive detention statute.

With Ayala’s trial initially scheduled for March, Temple granted the sides’ assented-to motion to continue the proceedings and cancel the March trial dates.

The new dates have yet to be set, according to Ayala’s case summary, which also notes a status hearing is expected to be scheduled for the near future.