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Man claims he was unable to repel alleged sex attacks

A former clerk was told yesterday he was “fully capable” of defending himself against the sex attacks he claims his boss carried out on him while he was a teenager.Mr X, 21, alleges that the much older man, Mr Y, repeatedly molested him between February and June 2009 with nine of the ten assaults happening when he was aged 19.But defence lawyer Shade Subair put it to him during cross-examination in Magistrates’ Court that he made the whole thing up.“It is the defence case that you were never sexually assaulted in any way,” she said. Mr X told her: “That’s incorrect.”She asked the witness on day six of her client’s trial: “How tall are you?” He replied: “5ft 8in, 5ft 9in.”“You know you are taller than Mr [Y]?” said Ms Subair. Mr X agreed.She pointed out he was also younger than the 58-year-old defendant. “You are physically capable of defending yourself against a man Mr [Y’s] size, aren’t you?” she asked.Mr X responded: “I am not.”Ms Subair asked if he sustained any injuries during the alleged attacks by his manager, who denies ten counts of sexual assault. Mr X said he had no physical injuries but suffered mental injuries each time.He has claimed throughout the trial that the manager would extend his right arm to carry out the sexual assaults, smiling throughout, with his left leg shaking.Ms Subair said yesterday: “You have put together this story about his right arm being extended and his left leg shaking and him smiling so not to confuse yourself in telling these lies.”Mr X replied: “I’m telling you about the actions that took place when the sexual assaults went down. I’m here to tell the truth. There is not a day that goes by that I don’t think about what’s happened to me.”Ms Subair said: “We don’t challenge that.”She asked if he really expected the court to believe it was possible for a fully grown man to be able to pull down the zipper of another fully grown man without invitation.Mr X said: “That’s what I’m telling you.”The lawyer asked: “So what do you do: stand still while he pulls down your zipper?”Mr X said: “On many occasions, I pushed his hand away.”The young man who met Mr Y after going to work in the office where he was general manager earlier told the trial he obtained housing with the help of his employers and his rent was taken out of his pay packet.He said he moved out of the accommodation after his boss used a key to get into his room and sexually assaulted him, but he forgot to notify his employers he was no longer living there.Ms Subair put it to him that he was “motivated to concoct these allegations with the hope to receive a monetary reimbursement for rent”.Mr X told the court he did ask for reimbursement but was told he was not getting his money back and the matter was settled. “I’m not worried about compensation for my rent,” he said.Neither the defendant or the witness can be identified for legal reasons. The case continues next week.