A man accused of raping his cousin told Police that he rolled over on top of the woman while the pair were sleeping but had no intention of having sex with her, it was reported in court yesterday.

On the second day of the sexual assault trial, Detective Colin King read out the man?s first statement to the Police when he was interviewed in March 2003.

?We were in my bedroom having drinks. She was sleeping and I was sitting on the floor. I guess she went to sleep so after I had cleared up everything I got into my bed and went to sleep,? the man?s statement reads.

?In the process of sleeping I happened to be thinking of my girlfriend and rolled over on top of (the complainant). She awoke and ran out of the room. To my knowledge I was on top of her, but I did not penetrate into her. I tried to speak with her, she was upset and she refused. And later we talked and I apologised. That was the end of the situation.?

For legal reasons neither the complainant nor the accused can be named. Earlier during the trial the woman testified that she and her cousin had had dinner and alcoholic drinks and watched television together in his bedroom. She said she fell asleep on his bed only to wake up to him having sex with her.

The woman, a former teacher, testified that she pushed him off her and fled the room, then barricaded herself in her room.

Under cross-examination yesterday by defence lawyer Craig Attridge, she denied suggestions that she was under the influence of alcohol, confused and disorientated and formed the wrong impression of what actually happened that night.

And asked if she ?freaked out? when she woke up, the woman said ?I freaked out because he was having sex with me and I never asked him to or gave him permission to?.

Mr. Attridge suggested to the woman that she left the room before she was able to appreciate ?what was, or more importantly, not taking place?. But she insisted that she knew exactly what was happening and had not been mistaken.

In further questioning she agreed that people move while asleep and that she spoke to the police about the alleged incident almost a year after.

She also testified that her cousin had apologised for raping her but admitted under further questioning that he did not use the word rape when apologising.

?I used the word rape. He did not disagree,? she said. And she agreed that a letter written by the defendant begging for forgiveness made no specific reference to sexual activity.

The woman also admitted that her statement to the Police about the letter and her conversation with the accused made no specific reference to rape or sexual intercourse.

And she denied that she was either mistaken or was lying about the whole episode.

?I did not invent this. I did not fabricate this. I felt his penis in my vagina. I saw his erect penis, he was over me. I know what he did,? the woman declared.

She then admitted that it was the first time she had testified that she actually saw the man?s member, but explained that she saw it when she pushed him off her.

The case is being heard by Supreme Court judge Carlisle Greaves in front of a seven woman, five man jury. Graveney Bannister is representing the Crown.