Alleged rapist claims ex-girlfriend agreed to sex
A 22-year-old Smiths man denied raping a former girlfriend and insisted the sexual intercourse was consensual.
The defendant who lives on Middle Road acknowledged that he showed up at the complainant?s home at 5 a.m. on February 19.
But he said he had been invited by the complainant while they were both at Club Malabar, Magistrates? Court heard yesterday. However, the complainant denies his version of the events. She said they dated four years ago, adding she had not had sexual contact with the defendant since.
She said she left Club Malabar at around 2.30 a.m. and never saw the defendant there. She went home and fell asleep, though she was waiting for ?company? to stop by later on.
She awoke to someone performing oral sex on her, but could not see who it was because he was below the covers. She assumed it was the man she had been expecting.
She said she called out the expected guest?s name and the defendant never indicated that he was not the guest.
The defendant then whispered to her to turn over and she never saw that it was in fact the defendant and not her intended guest. She only realised something was wrong when the defendant entered her without a condom. She thought this was odd because the man she was expecting always wore one.
At this point she turned around and realised the man she was having sex with was not her intended guest but her ex-boyfriend.
?I yelled and kicked him and asked him what he thought he was doing,? The complainant said. ?I felt violated and never dreamed someone would come into my house and do that.?
When asked how the defendant entered the property without rousing anyone the complainant said her door lock was broken for years and she never fixed it because she had no reason to feel threatened or scared. The defendant, who doesn?t have a lawyer, cross examined the complainant and brought up a myriad of previous issues from their relationship and nights which they had seen each other at bars.
Magistrate Khamisi Tokunbo had to tell the defendant to stick to the night of the assault and not bring in matters unless they related to the charge.
The cross examination was filled with emotion with the woman appearing distressed at one point and yelling at the defendant: ?I was calling out someone else?s name and you continued! I am not putting on a show, this is no show!?
The case was adjourned until November 14 when Crown counsel Shakira Dill will call one more witness before the Crown ends its case.
