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Man accused of rape tells court that woman agreed to have sex

A Warwick man told Supreme Court yesterday he had no idea why a woman accused him of raping her two years ago.

The 23-year-old man claims the woman gave her consent to have sex with him on Whale Bay beach in September, 1992.

He took the stand yesterday to give evidence after his accuser had broken down in tears giving her story earlier this week.

The woman, who was 18 years old at the time of the alleged rape, told the court that the defendant drove her out of her yard knowing she did not want to go anywhere and took her to the beach where he raped her.

The defendant told the court that he had known the complainant for some time.

He said that she had visited him a few times at his home where they had spent time in his bedroom and she had spent the night.

On the night in question, he said he spoke to the woman on the telephone and she inquired as to when she could see him again.

"We agreed that I would come over. She told me she would wait outside for me,'' the defendant said.

"She came outside, got in the car, closed the door and we talked for a while.

"During our conversation she told me to drive up the hill so we wouldn't wake up her grandmother and her neighbours.'' He added: "We discussed a place to go and she said she couldn't go too far. I mentioned Whale Bay and she agreed.

"I parked in the parking lot and helped her over the rocks. I went back to the car to get the keys and she was making her way through the grass onto the beach.

"While we were on the beach we were talking and I kissed her. She responded.

She never moved away from me.

"We left the area because the rock was hurting my back and the area was smelly.

"I walked towards another area and she caught me up and I helped her along the rocks because she removed her slippers.

"When we were at the spot, we started kissing and then I took off my shirt and put it down underneath her.'' The defendant told the court that it was "a total lie'' that he flopped her on the ground. "She ended up on the ground through a basic act of love making. It was of her own free will.

"She told me she was in the last stage of her period.

"She never showed any restraint verbally or physically. While we were making love she asked me if I would leave my girlfriend and when I said no she told me to stop, and I stopped.'' He added that he asked the woman if she wanted to go home and she said yes.

"When we got back up to the parking lot, a car came down and parked behind us. She got in the car and said she felt guilty for doing what she did to her boyfriend and she began to cry.'' Crown Counsel Ms Sharon Kenny said: "Do you know the phrase `Hell hath no fury like a woman scorned'? "Is that your defence?'' The defendant replied: "I am not suggesting that she is getting back at me at all. All I'm saying is I did not rape her at anytime. I have no reason as to why she has this facade going.'' Ms Kenny asked: "If you had a girlfriend, why were you visiting the complainant so late?'' He replied: "I have a girlfriend but I am not married.'' The trial continues today.