A 29-year-old man accused of sexual penetration without consent texted his alleged victim that he "misread" the situation and that he was sorry after the reported incident, the Royal Court heard yesterday.
On the first day of the trial of Kris Lockhart, who denies the charge, a jury of seven men and five women heard from the complainant.
The court was told that Mr Lockhart had pulled down the alleged victim's pyjama bottoms and underwear before the reported assault, leaving the alleged victim feeling "violated", "lost and betrayed".
In his opening remarks to the jury, Crown Advocate Simon Thomas, prosecuting, said: "There can have been no basis to think it was what the victim wanted.
"The defendant cannot have reasonably believed that the victim was consenting."
The advocate also read out text messages that Mr Lockhart sent the alleged victim afterwards. The messages said: "I made a big mistake. I totally misread the situation. I'm incredibly sorry."
Advocate Mike Preston, defending, told the alleged victim that Mr Lockhart "may have misread the situation, he may have thought you were still awake."
"I don't see how that could be possible myself," the complainant responded.
The court heard that, the day after the alleged assault, the alleged victim attended an appointment at the Sexual Assault Referral Centre at Dewberry House, but did not consent to an examination.
"You knew that an investigation would show no DNA," Advocate Preston said.
The alleged victim responded: "I had felt violated. I didn't want to feel violated the next day."
Mr Lockhart was later questioned by Advocate Preston.
He maintained that "at no point did I think they were asleep", adding: "They showed no signs that they didn't want me to continue."
Deputy Bailiff Robert MacRae is presiding over the case, which continues today.
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