Royal Court hears allegations of 'sleep rape'

Tuesday 23 October 2018

The trial of a 60-year-old man accused of raping a 55-year-old woman while she was asleep has begun in Jersey's Royal Court, with the alleged victim telling the jury she felt shocked when she woke up undressed.

Kenneth Charles Pinglaux denies raping the woman in the early hours of 5 November 2017.

Outlining the case for the jury, Crown Advocate Emma Hollywood said that the alleged victim hadn't had "any sexual interest whatsoever" for several years as she found it painful and uncomfortable, due to a medical condition. 

She told the Court that on 4 November, the evening before the alleged rape took place, the woman had been out with friends and had a few drinks. When she got home, she went to bed fully clothed. It's alleged that she woke up around 09:30 the following morning and noticed she was naked from the waist down with no idea who had undressed her, or what had happened to her. 

The woman said she felt sore "down below," and that there was a burning sensation when she went to the toilet. "She fell something untoward had happened," said Crown Advocate Hollywood. The woman then confronted Mr Pinglaux about it and he allegedly replied: "Yeah 'cause you weren’t talking to me."

Pictured: The alleged victim was taken to Dewberry House, the Sexual Assault Referral Centre.

The woman was later taken to hospital after having a panic attack, but once she had calmed down, she was taken to Dewberry House, the Sexual Assault Referral Centre (SARC). The jury heard that medical examination showed Mr Pinglaux's DNA was on the victim and confirmed sexual intercourse had occurred.

Crown Advocate Hollywood said the act hadn't been two people having sex together, but rather just Mr Pinglaux, "seedy, behind closed doors" with an immobile and unresponsive victim. "He just had to make sure he didn’t wake her up," she added. She said he had taken advantage of the situation, thinking he wouldn't get caught as the woman was in a deeper sleep than usual, due to alcohol.

The alleged victim appeared in Court to give evidence against Mr Pinglaux. She said the room was spinning a bit when she got home and that she didn't remember going to sleep. She said she had kept her leggings and pants on, and that she had felt shocked when she had woken up, and realised she was undressed. 

She said she felt disbelief when she was told Mr Pinglaux's DNA had been found on her, as she had never agreed to have sex with him.

Advocate James Bell, who is representing Mr Pinglaux, suggested to the woman that she had consented to have sex with Mr Pinglaux, but she denied it. He also suggested she wouldn't have slept through intercourse, to which she replied, "I wish I hadn’t."

"You said to this jury that sex was painful but you said you slept through it," Advocate Bell continued, to which the woman simply replied "yes."

He suggested that the situation had escalated out of proportion and that the woman had over-reacted. "You weren’t raped that night," he suggested to her. "What would you call it then?" she replied.

Pictured: The Police Constable who took the woman's complaint, described her as hysterical after the alleged rape.

PC Sian Campbell, who took the woman's complaint, explained that she was very emotional and appeared upset while talking to her. She described the woman as "quite shaken" and even hysterical as she told her what had allegedly happened. PC Campbell said that the alleged victim passed out and became unresponsive twice during their discussion, prompting her to call an ambulance.

Mr Pinglaux's trial continues today in front of a jury of seven men and five women under the direction of the Deputy Bailiff, Tim Le Cocq.