Rape trail jury likely to be sent out today
according to a lawyer in a Supreme Court trial.
Defence lawyer Mr. Phil Perinchief used this image when describing a 20-year-old woman who has accused a Warwick man of rape.
She claimed she was raped by the 23-year-old man two years ago on Whale Bay Beach in Southampton.
Mr. Perinchief was summarising his defendant's case for the jury when he used the analogy.
But Crown Counsel Ms Sharon Kenny used an analogy of her own when she told the jury the woman went to the beach "with Dr. Jekyll and ended up being attacked by Mr. Hyde''.
Last week the woman told the court that after speaking to the defendant on the phone on the night of September 13, he came to visit her at her home. She said that when he came, she sat in the front seat of the car and he just drove off.
"He asked me where I wanted to go and I told him I didn't know. He drove to Whale Bay Beach, got out of the car, and started walking towards the beach.
"I followed him because I didn't want to stay in the dark parking lot.'' She added after going to another area of the beach the defendant flopped the woman on the ground.
"I started screaming and he told me to shut up, so I stopped screaming, she said. "He pushed my legs apart and I told him my period was on because I had a tampon in. He told me to take it out, and then later he took it out.'' The defendant said last week that while on the beach the two were talking and then he kissed her.
"She responded, she never moved away from me. I walked towards another area, and she caught me up. I helped her along the rocks because she removed her slippers,'' the man said.
The defendant also told the court that the woman ended up on the ground through a basic act of love making and that it was of her own free will.
"She never showed any restraint verbally or physically.'' In his closing statement, Mr. Perinchief said: "No one wins in a rape trial, it is embarrassing for both.
"The main issue in consent or no consent, the question is who do you believe.
"On the beach the defendant kissed her, she got upset, yet she followed him to another area of the beach. These things need to be taken into account.'' He added: "There is no dispute that they had a history of a relationship, they were not strangers. This lady knew all along what she wanted to do and that was to have sex with the defendant.
"There were no injuries found on the complainants back which would have been consistent to being flopped. Even making love in that area was tricky business.
"When she asked the defendant if he would leave his girlfriend, and he said no, the woman felt rejected and may even have felt used. She was deceiving her boyfriend and she felt guilty.
Mr. Perinchief added: "This is not the case of the big bad wolf snapping up Little Red Riding Hood.'' Ms Kenny told the court that while on the stand, the defendant was making things up as he went along.
"He has portrayed himself to be a gentleman, which he couldn't be further from.
"Would the complainant go through this just because the defendant would not leave his girlfriend for her. She is naive and if she was acting, she deserves an Academy Award.
"She went to the area of the beach with Dr. Jekyll and ended up being attacked by Mr. Hyde.
"She didn't care how long it took her to get home because she was in a state of trauma and the damage had been done.'' Ms. Kenny added: "The defendant denied ejaculation but pathologist Dr. Keith Cunningham found sperm on him and the complainant.'' The trial continues today when Puisne Judge the Hon. Mrs. Justice Wade is expected to conclude her instructions to the jury.