Sunday 19 September 2021
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Man accused of rape says he had "no doubt" about consent

Man accused of rape says he had

Thursday 08 July 2021

Man accused of rape says he had "no doubt" about consent

A 27-year-old man accused of raping a woman when she was allegedly "unconscious" has said “there was no doubt” in his mind that she was consenting, during the second day of his Royal Court trial.

Jonathan Vieira Alves' accuser says she woke up in her bed after a night out to find him having sex with her, and couldn't consent to it because she was too drunk - he denies the charge.

Yesterday, he took the stand before a jury, claiming that the woman had initiated and "guided" the sex. 

Earlier in the trial, the Court had heard a sample taken from the woman showed she was twice over the legal limit for driving

During cross-examination, Mr Alves explained that the woman didn't appear overly drunk to him when he met her.

He said that the woman had approached him, giving him a wave of the hand. According to Mr Alves, she had then asked for his name, and he showed it to her on his phone on a social media profile, which sparked conversation. 

Asked about her state in the club, Mr Alves claimed she “looked fine to me” and was “completely in control of her actions.”

He claimed she later told him that she didn’t want to go home alone, and “didn’t want to go to her bed alone”, and so he offered to walk her home.

CCTV showed the pair left the club at 02:12 - Mr Alves said that when they had reached her home, the woman had invited him inside.  

He said that when he had gone in, he went to the toilet, and when he returned, she was lying in bed and asked him if he was getting in.

He said he had “no doubt” that she was consenting, saying she had "effectively guided everything from start to finish.”

Mr Alves then claimed he fell asleep, and was then woken by the woman, who walked to the bathroom, and didn't respond when he asked if she was okay.

He said he then fell back asleep, before being awoken by the police, who arrived at the house around 03:30 and arrested him.

When he was taken to Police headquarters following arrest, a Custody Sergeant said that Mr Alves said: “It might have happened, but I don’t know, I don’t have any memory of this.”

The Sergeant said that Mr Alves had also said: “if I have done what she said I’ve done, I want to tell her I’m sorry” - Mr Alves agreed he had said words to that effect.

On these comments, Mr Alves told the Court that in the police station he was having a panic attack, drunk and reacting "beyond rationale.” 

He added that he had lost his memory of the incident itself, and so did not want to give a statement with certainty, hence his words.

“I’m not a liar, I speak the truth and If I can’t deny something 100%, I’m not going to do that - and at that point, I could not,” he said.

He claimed that his memory came back a few days afterwards.

Crown Prosecutor Simon Thomas argued that Mr Alves had been lying when he told the police arresting him that he had no memory of the incident, and used it as an “excuse".

He also argued that if the woman was the instigator of sex as the defendant had suggested, she had an “absolutely fundamental change of position” between the act and texting her friend at 03:18 to say she thought she had been raped.

In his closing submissions, Advocate Jones called the woman “the definition of an unreliable witness”, citing her lack of memory of parts of the evening.

He also said that Mr Alves’ comments at Police headquarters after the incident were those of "somebody who’s scared, who doesn’t know what’s going on", and that he was not lying about his memory as the Crown had alleged. 

He added that the jury “must acquit him if [they] can’t be sure that he’s guilty.” 

Deputy Bailiff Robert MacRae, presiding, is due to sum up this morning before the jury retires to consider its verdict.

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