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Alleged sexual assault victim hadsuffered from ‘buyer’s remorse’, court told

Supreme Court

A woman alleged to have been sexually assaulted after a party suffered from “buyer’s remorse”, a defence lawyer told the Supreme Court.

Elizabeth Christopher told a jury that the alleged victim initiated sex with her client – but happened to regret the decision the next day.

She compared the alleged incident to “buyer’s remorse” on the part of the 22-year-old woman.

Ms Christopher added that, even though the alleged victim claimed not to have remembered the incident the following morning, her client at the time acted within a reasonable assumption of consent.

The defendant, also 22, has denied sexually assaulting the woman, a female friend, after a party on November 2, 2019. Neither party in the case can be named for legal reasons.

Ms Christopher, offering her closing statements on Friday, said that at no point did her client recognise the woman as being as excessively intoxicated as she claimed.

She added that, when it came to many of the witnesses, “the fact that they were drinking makes them terrible historians”.

Ms Christopher said that the alleged victim’s brother, who earlier said that he found her “drunk” at a Hallowe’en themed party must have believed she could take care of herself if he left her with her client.

She added that the brother of the alleged victim had the opportunity to take his sister to her home while on the way to his home in Devonshire.

Ms Christopher said: “Why couldn’t he just take her? “The reality is, whatever he saw, he felt comfortable leaving his sister.”

Ms Christopher said that her client confessed both the following day and during his trial that he had been with the alleged victim the entire night and that they later had intercourse.

She asked the jury: “Is that the behaviour of someone who’s guilty?”

The trial earlier heard that the alleged victim had asked the defendant to take her home, but then they later decided to attend a party at Bailey Bay Cricket Club.

The woman said that she did not remember anything after reaching the cricket club, and that the defendant told her that they later went to Admiralty House in Pembroke, smoked cannabis and had sex.

Shaunté Simons-Fox, for the Crown, told the jury that the alleged victim was “too drunk and high to consent” and that the defendant saw that night as “his opportunity to finally have sex with her”.

She said that the woman had made it clear in the past that she did not find him attractive and that he instead took advantage of her while vulnerable.

Ms Simons-Fox said that each witness brought forward highlighted that the alleged victim was excessively intoxicated.

She added: “The defendant is hoping that you will believe that he is innocent in all of this. Prove him wrong.”

•It is The Royal Gazette’s policy not to allow comments on stories regarding criminal court cases. This is to prevent any statements being published that may jeopardise the outcome of that case.