Defendant told Police woman never objected to sex
A man on trial for rape, admitted to having sex with the complainant, but claimed it was consensual.
On Monday, Supreme court heard how this man, who is a friend of the alleged victim's fiancée lured her from her home and raped her in a concrete bunker at Horseshoe Beach.
However, in his recorded statement the man gave to Police last year, that was played to the court yesterday, he admitted he had taken the woman, who is non-Bermudian, down to a bunker and had sex with her, but he claims she never objected.
Neither the woman, Ms A, nor the accused man can be identified for legal reasons. The defendant has pleaded not guilty to sexual assault, and his trial at Supreme Court opened on Monday.
On Monday, the woman, who is aged in her 40's, in response to questions from Senior Crown Counsel Paula Tyndale told the court she was in vacation at the time of the alleged attack last year.
She was looking for work and living with her fiancée while awaiting permission from the immigration department. The stress of waiting led her fiancée, she said, to get drunk and "knock" her on the forehead, the month before the alleged attack.
On the date in question, Ms A said a man she had originally seen a few days before turned up at the home she shared with Mr. F at 1.30 p.m. By the way they talked, she assumed the men were friends. Ms A said she stayed home with the visitor while her fiancée went out to get beer and cigarettes. At this point, she claimed, he told her he had known Mr. F for 20 years and she was in danger from him. Ms A said the visitor also told her he knew Mr. F was "physical" with her, giving exact details of an incident when he had been violent to her.
The alleged victim said she was surprised and confused, and the visitor went on to tell her that he and a friend would help her return to her home country. Ms A explained she was eventually persuaded to pack her clothes and leave with the visitor after he told her: "You have to go right now, right now - get your stuff. If you don't do it, you will be in danger."
She explained she got in a taxi with the man who took her to a bunker on a small beach - identified to the jury by another prosecution witness as near the east side of Horseshoe Beach - telling her he was taking her to a safe place. However, she said, he then told her she would have to have sex with him.
On Monday, Ms. A said she didn't fight back because she was afraid he would hurt her. However, after repeated questioning yesterday by defence lawyer, Charles Richardson that left her visibly emotional, she said she had said no.
In response to his question, she said: "When he pulled up my dress I told him no don't do that." But Mr Richardson continued asking if she had slapped him or tried to push him away.
She repeated her response that she was concerned he would hurt her and she was very scared so she complied to his requests.
Detective Constable, Timothy Harvey, then introduced a taped statement from the accused, where he stated it was Ms A who had run after him with packed bags and asked him to help her because she was concerned for her safety with her fiancée.
He agreed and that is when they went to a bunker on the east side of Horseshoe Beach. It was raining that day, so the man suggested Ms A should change into dry clothes.
It was after this, he admitted he asked her to have sex. The accused explained in his taped statement that he "didn't do anything that he didn't ask her about," and that "she never said she didn't want to."
The case adjourned yesterday with Det. Con. Harvey on the stand recalling how Ms. A took the Police down to the bunker on the beach after giving her statement. The case continues.
