Published Thursday, 05 September 2013
The accused, Brian Davey, denies the charges. (© UTV)
On Thursday in Belfast Crown Court, giving evidence on his own behalf, 22-year-old Brian Davey claimed he went to the woman's house "for a drink and if something happened, it happened."
Davey, from Lineybrook Cottages in Bangor, denies two charges of rape, two of assault by penetration, a further count of sexual assault and an offence of theft on May 30 last year.
The jury of five men and seven women have heard how the pair first met in a city centre bar a few weeks before the alleged attack and had been exchanging texts and online messages.
It is the Crown case that on the night of the incident, the woman and Davey went to bed but despite her telling him she was not going to have sex with him, she awoke to find him allegedly performing a sex act in her and when she protested, he "pinned her by the arms" and raped her.
On Thursday, however, Davey told defence QC Terence McDonald that it was his alleged victim who asked him "do you want to go to bed" and agreed that inside the bedroom, "nothing happened that she wasn't aware of".
The lawyer asked him point blank if at any time during their sexual contact the woman was "begging you to stop" or "shouting and screaming" as she had claimed in her evidence but Davey told the court: "That didn't happen."
The jury have also heard that when first arrested within minutes of the alleged attack that officers found the woman's silver watch in his pocket, but on Thursday Davey told them he had "no idea" how it came to be there.
He further claimed that when he urinated on the landing outside her bedroom that he had only just woken up and did not know what he was doing at the time.
It was while under cross examination from prosecution lawyer Rosemary Walsh that Davey denied going to his alleged victim's house in search of sex.
Asked what else he could have meant when he told the arresting officers "a girl asked me to come back to her house for sex," Davey claimed that was "more sort of could happen, might happen, who knows?"
Ms Walsh asked Davey if he was sure the woman was "up for it" given that she had sent a text message to her friend stating: "I'm scared of this creep. I keep telling him to get off me. F*** I hate boys."
Davey maintained however that "yeah" he was sure his alleged victim was consenting, further claiming that he had been the "instigator" of the sexual activity.
The jury have heard how Davey, after he had left the house, had sent his alleged victim a text saying "wua [what you at]:-) I rocking it out".
Asked why he sent that to her, Davey claimed it may have been sent in error and had been intended for his friends.
Ms Walsh suggested, however, that he was "like the cat who got the cream...you had gone there for sex and you had a good go at getting sex".
Davey denied the suggestion, simply replying "no".
The trial continues. At hearing.
© UTV News