A 27-year-old man has been cleared of raping a woman when she was "unconscious" after a night out, following a three-day jury trial in the Royal Court.
Jonathan Vieira Alves was found 'not guilty' by majority verdict this afternoon.
There was never a dispute over whether the pair had sex, but the woman claimed she was too drunk at the time to consent. Urine samples showed that she had been twice over the legal driving limit at the time.
Taking the stand yesterday, Mr Alves said he had “no doubt” that there was consent, and claimed the woman “guided him" throughout the sex.
He said that, after the pair met in Mimosa nightclub, she had asked him to walk her home, and then invited him inside, where he said she had later initiated sex.
His defence lawyer, Advocate Ian Jones, said the woman was the “definition of an unreliable witness”, citing her lack of memory of parts of the evening, and suggesting she could have lost her memory rather than been unconscious.
He asked the jury if they could be sure of what the woman was saying, and told them: “You must acquit him if you can’t be sure that he’s guilty.”
Crown Advocate Simon Thomas argued that the woman had not consented, and that the woman knew for sure that she was unconscious.
On the first day of Mr Alves' trial, she told Court that she remembered talking to Mr Alves in the club, but had no memory of being walked home by him.
She said that her next memory was that she woke up from being unconscious with Mr Alves on top of her, having sex. Around 03:18, she texted a friend saying she thought she had been raped, and to call the Police, before she called them herself.
At around 03:30, officers arrived at the house, before arresting Mr Alves and taking him to Police headquarters.
The Deputy Bailiff, Robert MacRae, was presiding throughout the trial.
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