Sex assault trial set to go to the jury
A 60-year-old man accused of sexual assault admitted that although he felt like choking his alleged victim earlier on the morning of the alleged attack - he later decided to have sex with her anyway.
The Pembroke man, who cannot be named for legal reasons, has denied sexually assaulting the 44-year-old woman on January 3, 2001, in a St. George's residence.
Throughout the trial the victim has maintained that after a struggle, she was forced to have sex with the accused.
However defence attorney Larry Mussenden has maintained that the pair had an agreement - sex for an undisclosed `present' - but when the woman saw the present she was not happy.
Earlier this week, the jury heard from several Police officers, a neighbour and the evidence of two doctors.
During cross examination yesterday in the Supreme Court the defendant told the ten-woman, two-man jury that he offered her the present as an inducement to have sex with him.
"The woman wanted to partake in the present before the sexual activity, but due to past experiences, I did not let her to until after," he said.
Crown counsel Charmaine Smith asked the man was it the woman's birthday, or was it a special gift giving occasion. The accused responded, "no".
Mrs. Smith then suggested: "You had this gift of yours wrapped up in pretty paper?" The defendant said: "No, in brown paper."
The prosecutor asked was it a special occasion and how long had he had the gift; the accused said not very long.
The man told the jury that he had put the gift on the night stand and the woman picked it up after the "sexual activity".
Mrs. Smith said: "I'm going to suggest that there was never a gift on the morning of January 3."
The defendant said: "I swore to tell the whole truth and you are saying there was no gift, but I am telling you there was a gift."
Mrs. Smith submitted that even before the woman had a chance to consent to sexual intercourse, the accused had already decided that they would have sex.
The man also told the jury that although he felt like choking the woman early in the morning, he still decided he wanted to have sex with her a few minutes later.
In closing, Mrs. Smith urged the jurors not to be discouraged by the fact that both doctors saw no visible signs of forced entry, and that they needed to look at the victim's demeanour when she was giving evidence.
She said: "The man went into the woman with a gift and a condom in his pocket, before the woman had consented - just in case: "He was prepared."
Mr. Mussenden encouraged the jurors to look at the medical evidence, which showed no sign of a struggle on either party.
The jury are expected to deliver their verdict later today after Puisne Judge Charles-Etta Simmons sums up.
