Alleged victim denies she was drunk
A woman who claims her cousin sexually assaulted her has denied being drunk at the time of the alleged attack.
The woman denied she was ?falling over? due to her alcohol intake after leaving a bar last November.
The Supreme Court trial, which entered its second day yesterday, has already heard the woman say she met the defendant after leaving Champions nightclub during a night out with a friend.
She told a jury that because Police were near his unlicensed car, and she did not want to drive the defendant to Warwick, she offered for him to stay at her Pembroke house.
There she said she dozed off to sleep before being woken when the alleged sexual assault took place. Yesterday in court she said this left her ?upset and kind of grossed out?.
During cross-examination yesterday from defence lawyer Elizabeth Christopher, the complainant accepted she was ?tipsy? when she left Champions. But she denied her judgment was ?somewhat impaired?.
Earlier, while at work at a local bar, she drank a Twisted Tea and had two shots of brandy, the court heard. The complainant also said that she had another brandy at Splash before heading to Champions.
Ms Christopher asked: ?After drinking all of this alcohol, by the time you left Champions you were falling over.?
The complainant said that from 5.30 p.m. starting work until 5.30 a.m. the next morning, ?it?s not possible for someone to be drunk after that many drinks?.
The jury heard that as the complainant left Champions and was about to walk outside a bouncer stopped her and told her to throw her drink away.
As cross-examination continued, the woman said once they got to her house she allowed the defendant to stay in her room as they talked.
However, she said that if he was going to sleep over it would be on the couch.
Ms Christopher stated: ?At no point when you were at your house did you say ?you are sleeping on the couch?.?
The complainant, who was 25 at the time of the alleged incident, replied: ?I did not repeat myself. I had already said it to him.?
The woman denied a claim that she had smoked during sex ? and said she reached for her lighter so she could burn the 24-year-old defendant.
Later, Ms Christopher suggested there many aspects of the woman?s evidence she was ?not very sure about?.
The complainant said the events happened nearly a year ago.
Earlier in the trial, the complainant told Senior Crown counsel Paula Tyndale she gave up then passed out on her front as the defendant had sex with her.
The complainant denied ever agreeing to have sexual intercourse with the defendant. She also denied having any discussion with him about sexual intercourse.
During cross-examination, Ms Christopher suggested the defendant and complainant had laid down together, before the defendant put his hand on the woman?s leg, his hand under her skirt and got on top of her. The complainant denied that version of events.
The defendant, who along with the complainant cannot be identified for legal reasons, denies one charge of sexual assault on November 5 last year.
The trial is due to continue today.
