Man denies forcing sex
During cross-examination yesterday, a 30-year-old Warwick man denied sexually assaulting a Devonshire woman in her home during the early hours of December 9, 2001.
His victim testified earlier in the week that after meeting him at the Club 40 on the night in question the man entered her home without being invited, beat her and then had sex with her without her consent.
The man faces up to life in jail if convicted.
While he admitted having sex with her, the man - who cannot be named for legal reasons - said he did not force the woman to do anything against her wishes.
On Wednesday, he testified before the nine-man, three-woman Supreme Court jury that after the couple kissed, they proceeded to have sex until the woman tried to get him to have anal intercourse with her.
He also told Assistant Justice Archibald Warner that when he refused to comply, she called him a bastard, then slapped him. He admitted that he hit her back several times, but denied holding a knife to her throat, as she had claimed.
"I never had a knife, I never threatened her.
"She never told me no. I did not block her bedroom door to prevent her from getting past," he told Crown counsel Graveney Bannister.
"I am going to suggest to you that the whole story is made up," Mr. Bannister said.
The man, who appeared agitated, replied: "That's your job to feel that way."
The Crown counsel also brought to light the man had been before the courts in the past and had convictions for violence.
"I am going to put to you that you had in your mind from first time you saw her at the disco and when you went to her house you were going to get sex by any means necessary," Mr. Bannister said.
The man denied this.
The Southampton woman who caught a taxi with the couple on December 9 also took the stand yesterday.
As she told Mr. Warner that she considered the Devonshire woman an acquaintance and not a friend, the woman testified that both women consumed at least five drinks each that night.
She further said when they were leaving Club 40 around 3.25 a.m., the victim appeared fidgety, playing with her hair and seemed to be having a hard time standing still.
"She could have been anxious or nervous. I don't know her well enough to judge why she was doing that," the woman told Mr. Justice Warner.
While she admitted that the victim was not "fall-down drunk", she said: (She) was definitely having a good time."
The woman also said she observed the accused and the victim talking, although she did not hear what they were saying.
She then said the three of them walked down the street towards the Beach bar. She testified that the victim and the accused were walking so closely, an observer would have thought they were "together".
The Southampton woman also said while she did not know at the time exactly where the victim lived, she knew they were heading in the taxi to Devonshire. She said the defendant said he had a cousin who lived in the area.
She said when the taxi stopped across from the victim's house, the defendant paid an amount of money to the driver.
Then, she said, he stood by the side of the road while the woman went into her home.
"When she went through her door, she raised her hand and signalled to me. I took that signal to mean she was OK."
The trial continues today.