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Man denies sex assault on male teen

A man who allegedly attempted to rob and sexually assault a 17-year-old male appeared in Supreme Court for trial yesterday.

The 27-year-old, who cannot be named for legal reasons, admitted to breaking into the victim's house, but denied the charge of sexual assault. The court heard that the incident happened between 5.30 a.m. and 6 a.m. on September 16, 2001 in the victim's Southampton home.

Defence lawyer Larry Mussenden conceded the defendant did enter through a window and his fingerprints were found at the scene.

Under questioning by Crown counsel Graveney Bannister, the complainant told the court that he shared the home with his grandmother and aunt. He said his bedroom was on the north side of the home.

The complainant testified that he was awoken by a strong smell of alcohol on the night in question. He told the court that he had locked all the doors on September 15 before he went to bed at 10 p.m., but that he did not lock his windows.

The complainant said: "I was looking to my right to see him, but I had to adjust my sight to see him. As I got up off the bed he scrambled to get out of the window.

"I got up and went to my door and I saw him run off the front porch."

The complainant explained that his window is three to four feet off the ground: "When I went to bed the screen was down."

He also told the court that he saw the defendant at least four times a week because he jogs a lot in his neighbourhood.

In cross-examination, Mr. Mussenden asked the complainant if he had a dog, to which he answered, yes.

Mr. Mussenden asked if the dog barked during the incident, but the complainant said the dog did not bark until after the defendant escaped through the window.

Mr. Mussenden asked the complainant to describe where his bed was in the room. He explained there was set of bunk beds in front of the window. He told the court that he had been sleeping on the lower bunk.

Mr. Mussenden asked if the complainant had himself ever climbed in through his bedroom window and how he landed when climbing through.

"I have climbed in through that window and I landed on the lower bunk", said the complainant.

"So you recall the smell of alcohol, but do you recall someone calling out to you, or someone knocking on the screen and or someone knocking on the door," asked Mr. Mussenden.

"No," answered the complainant.

Mr. Mussenden asked: "Do you recall asking (the defendant) what he was doing in your house?"

"Yes" said the complainant. "I asked him what was he doing in my house two times."

Mr. Mussenden asked was the sun up? Yes said the complainant, the sun was rising - it was up enough for me to see something."

During the afternoon session, the court took a site visit to the scene of the alleged crime.

The group were shown the north-facing window that the defendant admitted climbing through. The complainant told the court that the defendant's feet were hanging out of the window. The complainant also showed where he saw the defendant pass his porch. He explained that he was sleeping with his head in an easterly direction.

Mrs. Simmons asked when the dog began to bark and the complainant said after the defendant came out of the window.

The trial continues today.