An Oxford University medical student stated ‘Oh, no, this is really awkward’, moments after he raped a feminine student following a school night time out, a jury heard right this moment.
Oxford Crown Court noticed a video interview with the girl who accused fellow student Niall McPaul of raping her.
The younger sufferer advised the jury she had woken as much as discover McPaul on high of her, raping her, whereas she stood behind a display, out of sight of the accused.
She described herself as ‘eight or nine’ out of 10 by way of drunkenness, having had a bottle and a half of wine, and advised police that McPaul had sat on the aspect of her mattress following the incident and stated: ‘This is one of those unfortunate things that happens.’
The jury was advised by the prosecutor that McPaul had later texted the girl to explain his behaviour as ‘inexcusable really’ and that she had advised him they weren’t going to have intercourse.
Opening the case, prosecutor Matthew Walsh stated: ‘(McPaul) was on high of her and she came-to in a confused state.
‘In reality as you’ll hear on this case, there is no argument between the prosecution and defence about one factor – that the defendant had penetrated her vagina along with his penis.
‘That had taken place, he accepts that.’
He continued: ‘What is at issue is firstly whether she was consenting to that, agreeing to it taking place, and if she was not consenting, whether the defendant reasonably believed that she was.’
McPaul, who was 24 on the time of the incident, had met the sufferer by mates at a celebration in 2016, 5 months earlier than the alleged rape.
She advised officers that she once more met the accused at one other social gathering in 2017, once they kissed and exchanged messages after McPaul had left to go house, the courtroom heard.
She stated: ‘It was simply one thing silly that I did. I used to be not going to do it once more. My boyfriend was conscious of it.
‘He is an easy going person, he was not significantly indignant or upset however he was similar to: “do not do that again”.’
On the morning of the alleged rape later in 2017, the sufferer had allowed McPaul to remain over, after a celebration, and so they shared a mattress and cuddled.
The lady, who can’t be named for authorized causes, stated: ‘It was late and possibly fairly chilly exterior and he lives a good distance away. I had no purpose to not let him in.
‘Although on some degree I should have needed that [sex with him], I don’t suppose I’d have, even when I’ve been very drunk I don’t suppose I’d have.
‘I went to sleep saying, “I am not going to have sex with you”.’
Defence lawyer Eleanor Laws, representing McPaul, prompt the sufferer had engaged in consensual kissing and sexual touching whereas they have been in mattress collectively, earlier than she had gone to sleep and after she had woken up.
The lawyer requested: ‘Do you remember saying that what went on between you and McPaul in the morning, from you waking up with him inside you, was in fact pleasurable?’
The complainant answered: ‘For a brief moment, before I realised what was going on.’
In her police interview, the complainant stated she had made a public Facebook put up following the incident through which she wrote: ‘Because of recent circumstances he [her boyfriend] would be disappointed in me.’
McPaul, now aged 27 and dwelling in Oxford, denies one depend of rape.
The trial continues.