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Lawyer questions victim

The victim of an alleged violent sexual assault spent the majority of the day on the stand yesterday being cross-examined by defence lawyer Elizabeth Christopher.

The 41-year-old Devonshire woman claims a 30-year-old Warwick man punched her in the face, held a knife to her throat, then had sex with her without her consent.

The man has denied the charge and faces spending the rest of his life behind bars if found guilty.

Neither can be identified for legal reasons.

During the second day of the Supreme Court trial, Ms Christopher questioned the woman about her recollection of time on the morning of December 9, 2001, the date of the alleged incident.

“I am going to suggest that it was actually 4 a.m. when you got home,” Ms Christopher asked the woman.

On Monday, the woman testified she had returned home around 2.30 in the morning.

“That's possible ... I wasn't watching the clock,” the woman said before the 9-man, 3-woman jury.

“Would it be correct to say that ultimately you do not remember that you had sexual intercourse?”

“No, that is not correct. The trauma previous to that makes it very clear,” the woman said.

And when Ms Christopher suggested that while in Club 40 the woman whispered to her attacker that she had a surprise for him, the woman denied the claim.

“There's no way I could have said anything of that nature,” she replied.

The woman also denied that while in the taxi she and her friend shared with the man she whispered to him not to reveal that he was going to her house.

However, she admitted that before she was attacked the two discussed among other things, the topic of mixed race relationships.

“He said he was not attracted to white women and I told him that I was not attracted to black men,”she said. “In our previous conversation, we talked about socio-political issues, not sexual, so the conversation was not inappropriate.”

The woman further denied giving the man her home phone number or a piece of paper to write it on.

And when Ms Christopher suggested that the two performed oral sex on each other, the woman responded: “Absolutely not. The only thing that happened in that bedroom was violence.”

The taxi driver who picked up the trio on the night in question also took the stand yesterday.

He testified that the man flagged him down and told him that he needed to go to a Devonshire neighbourhood then to Southampton, where the woman's friend lived.

He said when he got there, he pulled over and both the victim and the accused got out.

“The man got out first, then the woman,” he told Assistant Justice Archibald Warner.

On Monday, the victim testified that she got out of the cab alone.

“The gentleman then gave me $20 and asked me to see that the other lady got home safely,” he said. “Then the woman ... went into her home. The man was standing on the kerb side of my taxi when I resumed on to my next destination.”

Graveney Bannister is appearing on behalf of the Crown. The case continues today.