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Man accused of rape claims sex was consensual

A Pembroke man will learn his fate today after a jury deliberates his guilt in a serious sexual assault trial.

The 25-year-old took the stand yesterday and told the jury the woman rode with him at 5.30 a.m. to his friend's Parson's Road apartment after they had danced and talked at the Champion's Club on 19 February.

They left on her friend's cycle and after a brief conversation, they kissed before he performed oral sex on her.

But it was after the 19-year-old sat on top of him and allowed him to penetrate her that she told him to stop.

He said she demanded he wear a condom and he promptly got dressed and rode to Court Street, returning with prophylactics.

The man denied forcing himself on the young woman and also denied trying to clean up the apartment to cover his tracks as Police swooped on the apartment six hours later.

"I thought that if I went through the same procedure (of foreplay) I could get some again,'' he admitted. "She told me to stop and pushed me away. She asked me for the keys and I asked her point blank `what is the problem'.

"She said `look I ain't got to give you none. So I said you `f***ed my whole crew. Why you won't give me none now?'.'' With that comment she slapped him and he responded in kind he said, later telling the jury that was the only time he showed anger.

He threw an article of clothing at her, saying: "Here, take your s**t and let's go.'' Moments later the woman started the cycle and rode off.

During cross-examination by Crown counsel Juan Wolffe, the man admitted smiling at one point when giving testimony, suggesting he was embarrassed to talk about performing oral sex before "20 people and these news reporters''.

He said he knew nothing about his friend's cycle needing fuel and said he was "sexually frustrated'' with the woman's rebuff.

The woman's friend said she saw the accused talking to the victim and that "she acted like she didn't want to hear what he had to say''.

Outside the club, they discovered the man's friend needed fuel for his cycle and the defendant and the victim rode off to get fuel at "24/7'' or Esso City Automart.

"As they were leaving I told her to come right back,'' she told the jury. "I said that because she was my only source of transportation.'' When they did not return the woman went to her boyfriend's home and received a panicked call from her friend at 7 a.m.

Investigating officer Stephanie Thompson said the woman was "openly distressed, tearful and despondent'' at Hamilton Police Station.

And Det. Con. Thompson said when she laid the charge before the man two days after the incident he said: "I want to go to court now.'' Examining physician Monica Hoefort said in the hours after the alleged assault the woman only had a slightly swollen lower lip and a small bruise above the vaginal opening.

Dr. Hoefort admitted under re-examination that "there need not be any outward signs of injury'' in serious sex assault cases.

The trial continues this morning before Assistant Justice Philip Storr.