During a three-day trial this week, a woman claimed that she had been sleeping when Dylan James Condon had got into her bed and had sex with her, and so had been incapable of granting consent.

However, Mr Condon said she had been awake and had agreed to have sex, and that when she fell asleep he stopped.

The alleged victim told the court she recorded a conversation she had with defendant Dylan Condon on her mobile phone.

That recording was played on the first day of Mr Condon’s trial. In it, Mr Condon could be heard to say: “I’m really sorry. I was just disgusted with myself.”

The woman had been drinking in the afternoon and had taken a sleeping tablet before going to bed, the court was told.

When Mr Condon visited her home, she told him she was very tired and did not want to have sex with him, according to the prosecution.

Crown Advocate Simon Thomas, prosecuting, said: “It seems the defendant was not prepared to take no for an answer. In his own admission he had sex with her while she was unconscious.”

The advocate added: “Everyone has the right to refuse to consent to sex. If someone is unconscious, they cannot exercise their right to refuse consent.

“Mr Condon knew she was unconscious, so he can have had no reasonable belief that she was consenting.”

She told her parents what had happened and they reported the allegation to the States police. Mr Condon was arrested later that day.

The woman gave evidence via video link, when she reiterated that she was asleep and had not consented to having sex.

Giving evidence on Wednesday 24 January, Mr Condon contradicted this, saying: “I asked her if we could have sex. She nodded and moaned. She looked aroused and happy.”

He also said that she had lifted her body from the bed to allow him to remove her clothing.

Advocate Mike Preston, defending, asked him: “Did she ask you to stop at any stage?”

He said: “No. She fell asleep and I stopped.”

Mr Condon also insisted that he was not drunk at the time of the alleged incident.

The woman had claimed she was left in severe pain and was unable to cycle to work the next day. Upon examination, she was found to have minor injuries to her back and thigh.

A Royal Court jury of seven women and five men spent two-and-a-half hours deliberating before reaching a unanimous not-guilty verdict.

Commissioner Sir John Saunders was presiding.

SUPPORT…

Islanders affected by any of the issues raised in this report can contact any of the following:

SARC at Dewberry House provides expert independent and confidential support to victims of sexual abuse. Tel: 01534 888222. 

Jersey Action Against Rape (JAAR) provide and maintain a supporting framework for survivors and their families. Confidential helpline: 01534 482800.

Freeda (formerly Jersey Women’s Refuge) offer help and support for victims of domestic abuse. Tel: 0800 7356836.

Jersey Domestic Abuse Support (JDAS) is an independent service developed to protect and support victims of domestic and sexual abuse. Tel: 01534 880505. 

Victim Support offer free and confidential advice to victims of crime. Tel: 01534 440496. 

Victims First Jersey is a free and independent service offering confidential support to victims and witnesses of crime. Tel: 0800 7351612. 

Samaritans offer a confidential and non-judgemental listening ear to people who need to talk. Tel: 116 123 free from any phone or 0330 094 5717 (local call charges apply).