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Woman accused of sending out `mixed messages'

A Policeman's daughter was accused of making up an allegation that a Pembroke man seriously sexually assaulted her.

The woman, who cannot be named for legal reasons, claims the sex attack took place in an apartment in Parson's Road, Pembroke, in the early hours of February 19 this year.

She told Supreme Court yesterday that she repeatedly told the 25-year-old Pembroke man that she did not want to have sex with him but that he got violent and hit her.

She claimed she thought the situation was under control at first, but the man, who cannot be named, then became "mad'', punching her several times and covering her mouth when she started screaming.

Crown counsel Juan Wolffe told the nine man and three woman jury that the woman suffered bruising to her right eye and slight bruising to her vagina.

But defence lawyer Richard Horseman accused the woman of giving out "mixed messages'' to his client.

He told the woman: "I put it to you that this whole evening did not happen the way you said it did.'' She replied: "It did happen''.

The woman said the accused, whom she knew, approached her at Ambassador's Nightclub in Reid Street, Hamilton, and said he wanted to perform oral sex on her.

She said: "I told him I was going home. I kept brushing him off but he kept talking to me.'' She and a female friend left the club at around 5 a.m. The woman said her friend asked her to get some gas for another bike and that the defendant approached her again and refused to get off the bike.

Instead of taking her to a gas station he took her to the studio in Parson's Lane.

She said she followed him into the apartment because he would not give her the keys back.

He told her to relax and after he kissed her, she kissed him back. She said she still felt in control even though he kept trying to pull her pants off.

She said she told him she would not have sex with him, but he eventually managed to get her pants off and tried to perform oral sex on her.

She said he pulled her on top and inserted his penis inside her. She said she told him at that point she would not have sex with him unless he wore a condom because it was the only thing she could think of to make him stop.

He left the apartment to get a condom. She said she tried to get dressed and leave but he returned before she could get out.

When she told him again she was not going to have sex with her, he accused her of "playing games'' with him and managed to pull off her pants again.

The woman, who was wearing jeans, said at this point she "started crying because I realised he wasn't going to stop. I was scared and I just wanted to go home. He was totally different now, he was just mad and totally aggressive.'' She started screaming when her legs were forced against her chest and she alleged he put his foot into her vagina.

She claims he forced his hand over her mouth, told her to shut up and clenched his fist as if he was going to hit her. He later hit her in the kitchen.

Under cross-examination from Mr. Horseman, she said she had a few sips of black rum and coke, but did not recall taking shots of straight alcohol.

Mr. Horseman said the woman made a statement to Police at the time saying she was sitting at the edge of the man's bed while he performed oral sex on her.

She said in court yesterday he tried to perform oral sex but she resisted.

She denied she took her clothes of voluntarily, but said she could not explain why neither her pants nor her jeans were damaged in the alleged struggle.

The woman rejected Mr. Horseman's suggestion that by telling the defendant to get a condom she was telling him he could have sex later.

Mr. Horseman said: "If you said stop as many times as you said, how could you possibly think you were in control?'' She replied: "He was being nice, but he was still being persistent.'' He said: "If he's being nice, he's taking off your jeans, your underwear and your boots and you're still in control. It's not a problem?'' "Yes. It happened something like that.'' Mr. Horseman said: "If you are saying `I don't want sex with you' but you kiss him you are sending out the wrong signal.'' She replied: "It still doesn't mean that I want sex with him.'' The court heard that after the alleged attack she tried to contact a close male friend, who contacted her father, who is a Policeman.

The trial before Assistant Justice Philip Storr continues today.