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Mother tells jury of waking up while being sexually assaulted

A mother told a Supreme Court jury yesterday of how she awoke to find a man having sex with her in the bed where she had been sleeping peacefully with her three-year-old daughter.

The alleged victim was testifying in the sexual assault trial of a 29-year-old Pembroke man.

The defendant ? who appeared in court unrepresented and cannot be named for legal reasons ? denies sexual assaulting the woman but has pleaded guilty to a charge of trespassing.

He claims the sex was consensual but the woman ?freaked out? when her daughter woke up.

As the one-day trial opened, the alleged victim told the jury that at roughly 4 a.m. on November 14, 2005, she awoke to find a man in bed with her.

?He was pumping in and out of me and I woke up because I started to feel sick in my stomach like I wanted to throw up,? she said.

The woman said she initially thought it was her ex-boyfriend and told him to get up. When he didn?t she put her hand to his face to push him off of her and realised it wasn?t her ex.

When she asked the man who he was, he said his name.

The alleged victim told the court the defendant was a man from her neighbourhood whom she had known about four years but had never taken ?notice of him like that?.

She told the court that she pushed the man off her and to the ground and began yelling at him.

?I asked him what the f**k he was doing and I started crying,? she said.

The defendant then reportedly asked her why she was acting in that manner.

He said he had wanted to have sex with her for a long time.

The woman?s young child then began to stir in the bed drawing her attention away and the defendant put on his clothing and left.

The alleged victim said she had never had any discussion with the defendant to suggest she might be interested in him sexually, had never invited the man to her home and had never been intimate with him.

?I don?t know this man like that,? she said.

?He?s not my company.?

The next morning, she went to the hospital after dropping her daughter at school but no injuries were found, she added.

She then went home and bathed before going to Police to report the alleged assault.

The woman said said she didn?t call the Police right away because she was in shock.

?I still couldn?t believe it had happened,? she said.

The jury also heard a taped interview Police made with the accused attacker when he was brought in for questioning.

Under questioning on the tape presented to the court yesterday by Detective Constable Wayne Gaskin, the defendant claimed he entered the woman?s home through an unlocked door after a night of drinking at Swinging Doors.

He claims he went upstairs, woke her up, started to talking to her and told her who he was.

?We?ve drank beers and stuff together,? he said. ?I?ve known her a long time?.

The defendant admitted to ?feeling kind of drunk? and said he didn?t know what the complainant was saying because she was mumbling.

He said he didn?t know why he went into the house because he had never slept with her before.

He found the complainant lying down on the bed on her back and claimed that she lifted her body and took her pants off.

He also said that she helped him to enter her.

He admitted, however, that he did not know if she thought he was someone else.

At one point the complainant?s daughter began to wake up so she started ?freaking out? and yelled at him to leave the house, he said.

He stopped the intercourse and left.

?It?s the truth, I?m telling the truth and that?s what happened,? he said.

Prosecutor Paula Tyndale closed the Crown?s evidence before the lunch break.

She did not give a closing speech, however, as Chief Justice Richard Ground said it would be unfair given that the defendant appeared without legal representation.

The defendant addressed the jury and reiterated his version of events as had been stated in the taped interview.

Chief Justice Ground is expected to complete his summation as the case continues this morning.