“Getting so drunk that you cannot remember is not a defence”

Tuesday 05 March 2024

A man accused of rape was told that “getting so drunk that you cannot remember is not a defence to a criminal charge” on the first day of his Royal Court trial.

Ruben Miguel Rodrigues De Freitas (32) is charged with raping a woman by refusing to stop when asked during initially consensual sex.

Mr De Freitas denies the charge of rape and failing to provide the police with access to his mobile phone.

Opening the case for the prosecution yesterday, Crown Advocate Mike Preston said anyone was entitled to refuse to have sex even if they had earlier agreed to it.

He told the court: “Initially the sex was consensual. But she later withdrew her consent and he carried on regardless. That is rape.”

Jurors heard that the woman told Mr De Freitas that she wanted to go to sleep, but when she returned from the bathroom to her bedroom she found him lying in her bed naked.

She lay with her back to him, dressed in nightclothes, but he began kissing her and she consented to sex, jurors were told.

However, giving evidence in a recorded police interview played to jurors, the woman claimed that it later became "very painful and too rough". 

She said she "couldn't breathe" but claimed that the defendant "looked at me and just carried on.”

She said he then left, and added: “I lay in bed crying.”

When interviewed by the police, Mr De Freitas said he had been too drunk to be capable of sexual intercourse and had no memory of the events as described by the alleged victim.

But Crown Advocate Preston said: “Getting so drunk that you cannot remember is not a defence to a criminal charge.”

The trial, which is expected to last at least three more days, is being presided over by the Deputy Bailiff, Robert MacRae.

SUPPORT...

Islanders affected by any of the issues raised in this report can contact any of the following:

SARC at Dewberry House provides expert independent and confidential support to victims of sexual abuse. Tel: 01534 888222. 

Jersey Action Against Rape (JAAR) provide and maintain a supporting framework for survivors and their families. Confidential helpline: 01534 482800.

Freeda (formerly Jersey Women’s Refuge) offer help and support for victims of domestic abuse. Tel: 0800 7356836.

Jersey Domestic Abuse Support (JDAS) is an independent service developed to protect and support victims of domestic and sexual abuse. Tel: 01534 880505. 

Victim Support offer free and confidential advice to victims of crime. Tel: 01534 440496. 

Victims First Jersey is a free and independent service offering confidential support to victims and witnesses of crime. Tel: 0800 7351612. 

Samaritans offer a confidential and non-judgemental listening ear to people who need to talk. Tel: 116 123 free from any phone or 0330 094 5717 (local call charges apply).