THE trial of a man who denies touching a woman and attempting to rape her after climbing into her bed has begun in the Royal Court.
Crown Advocate Matthew Maletroit, prosecuting, yesterday said that the alleged victim had to move her body away to prevent the defendant – Thomas Matthew Jackson (35) – from raping her.
Mr Jackson denies two counts of sexual touching and one of attempted rape.
In his opening speech, Crown Advocate Maletroit said: ‘…She was so terrified, she did not want to let her assailant know that she was still awake. But nor could she just lie there and allow him to rape her.’
He added: ‘So in order to stop him, she rolled over. She was already near the edge of the bed and there was barely space for the defendant to lie behind her. Her movement caused him to fall off the bed and onto the floor.
‘Had she not done so, he would have gone on to rape her.’
The jury was played two videos of the complainant giving evidence about the alleged assault in the days and weeks after it reportedly occurred.
In one, she spoke about having ‘flashbacks’.
‘I don’t think there was enough room for him [the defendant] to be fully in the bed,’ she said.
The court heard that the defendant had allegedly touched the woman over her bra and through her underwear.
‘The next thing I remember was waking up to hands down my trousers,’ she said.
Crown Advocate Maletroit told the jury that they would need to ‘consider the issue of consent in respect of all of these offences’.
‘However, it is a matter of common sense that being asleep, or drunk, not being asked, or not saying anything or not responding, does not amount to consent, and would not be a basis for reasonable belief in consent,’ he said.
The Bailiff, Sir Timothy Le Cocq, is presiding. Advocate Allana Binnie is defending.
The trial, which is scheduled to last three days, was due to continue this morning.