that she initiated the action and consented to it.

The 52-year-old man is charged with committing serious sexual assault on his wife and causing her bodily harm last August 18.

The man cannot be identified because doing so would identify the woman. The identities of complainants in sexual assault trials are protected by law.

Earlier, the woman's nephew testified he discovered the man on top of the woman, choking her with his hands.

But on Tuesday, the man told a jury of seven men and five women that his wife initiated sexual contact and he suggested they move into the bathroom for more privacy. He locked the outside door to the apartment but left the bathroom door ajar.

Before long, however, his wife's nephew entered the apartment and discovered them in the bathroom.

The man said he shut the bathroom door and locked it, but the nephew tried to force his way inside. Eventually, he began getting dressed and opened the door, at which point the nephew slapped him.

The man, who testified he was earlier beaten up by his wife's son while she stood by and did nothing, said that was the last straw and he decided to leave. He grabbed a few of his things and went outside, where he noticed two Police cars waiting.

The man, who is represented by lawyer Mr. Archibald Warner, is to continue his testimony before Puisne Judge the Hon. Mr. Justice Meerabux this morning. Mr.

Khamisi Tokunbo, assisted by Mr. Melvin Douglas, represents the Crown.