Alleged rape victim gives evidence in jury trial

Tuesday 06 June 2017

The alleged 23-year-old victim of a rape and indecent assault gave evidence in Royal Court on Monday as part of a week-long assize trial into the case.

Marcio Patricio Figueira Dias (37) denies both counts of rape and indecent assault and says the sexual intercourse was consensual.

The alleged victim explained that she had no recollection of leaving Havana Club, where she had been with two friends the night before the alleged rape. She said she remembered that another person was with them on the way home but didn't really know who he was. She then remembers being in the spare room of her friend's house with a male. She told the Court: "I thought it was someone that was meant to be there. I started to feel unsettled as he was being quite forward. He tried to kiss me and that is when I tried to get to my friends downstairs. 

"My memory is patchy, I was quite drunk. I got up and made it to the top of the stairs but the man grabbed me and I ended up on my back on the floor. He was on top of me and pulled my clothes. I tried to pull myself away but I couldn't move as I am not very strong. I just shut down at some point, I didn't feel anything."

She then explained how, once the man had finished, she had grabbed a blanket to cover herself and ran downstairs and told her friends: "I think I've just been raped."

During the cross examination, the defendant's Advocate, Sarah Dale, told the victim: "People behave very differently when they are drunk, don't they?" She then said: "The defendant says that as you were walking he was complimenting you on how pretty you were and that you were complimenting him in the same way. He says that you kissed each other before entering the house and held hands. But you don't remember that? You don't remember leading him upstairs and telling him to hurry up."

One of her friends also appeared to give evidence in Court. She explained that she wasn't aware of anyone being in the house besides the victim and their male friend, despite CCTV footage showing the four walking together. She said that when the victim got downstairs she looked "vulnerable" and that she had never seen her that upset.

The case is set to continue this morning with statements from other witnesses.