wife unfolded this week before a Supreme Court jury.

It is the first instance in Bermuda of a husband charged under section 329b of the 1992 amendment act with serious sexual assault.

Over two days, the alleged victim of the assault gave testimony but appeared to suffer from acute memory lapses and was unable to correctly recall the present month and year.

The seven-man five-woman jury heard how her husband had not been living at home prior to the assault, alleged to have taken place on August 18 last year.

She added she suspected he was having an affair.

But under cross-examination by defence lawyer Mr. Archie Warner, the woman admitted she could not recall the month of the attack, nor could she say exactly what happened.

She claimed her husband arrived at the house as she was waiting to be collected by her nephew for a dinner engagement.

But she was unable to say exactly how the two ended up in the bathroom where the assault allegedly took place.

"He told me "I want to f... you. I told him I didn't want that,'' she said.

"I just don't remember what else happened.'' "I started to push him off. But I didn't get too far with it. As I pushed him off ... I just can't remember what else happened,'' she said.

Yesterday her 29-year-old nephew told the jury how when he arrived at his aunt's house he saw the accused's car outside.

When he noticed the keys still in the ignition and found the front door locked his suspicions were aroused and he picked the lock with his penknife and searched the apartment.

On hearing a "faint gasp for air'' from the bathroom he kicked open the door.

"I saw (the accused's) hands at my aunt's throat. My aunt was lying on her back. (The accused) was on top of her with his hands on her throat,'' he said.

"He said `This here is my wife. I can do what the f... I want with my wife.''... She was crying, "Help me''. She said three or four times `Help me.

Please help me'.'' The nephew, under cross-examination by Mr. Warner, admitted he had been deported from the United States three years ago after being charged with grand larceny and other offences.

He said that at the time of the incident he thought his aunt and the accused were separated and believed she had taken out a restraining order against him.

Mr. Warner asked if the gasp he heard outside the bathroom door could have been "someone in throes of passion''.

The witness replied it was the sound of someone choking. He denied hearing the accused shout at him to go away.

The case continues before the Puisne Judge the Hon. Mr. Justice Meerabux today.