A 35 year-old Mitcheldean man went on trial on Monday (November 6) accused of a serious sexual offence while sharing a bed with a woman in her home more than two and a half years ago.
The woman, 28, alleges at Gloucester Crown Court that she and the man were having conventional sex with her full consent when he carried out the attack.
The man, who lives in Mitcheldean, denies committing the offence on 10th February 2021.
Anjali Gohil, prosecuting, began the case by reading to the jury a series of text messages that were exchanged between the man and the woman immediately after the alleged offence.
Ms Gohil said the man went downstairs in the woman’s house after she had pushed him off and she remained in the bedroom.
He texted the woman asking ‘Did I hurt you?’
The woman replied: “You knew exactly what you were doing then.’
The prosecutor said the man replied: "I’m sorry."
But the woman responded: “No, sorry doesn’t cut it. Thats f***ing sexual assault. I didn’t consent to it at all. I told you no.”
She later texted: "You knew what you were doing after I said no.”
He replied: "I never meant to, babe."
Later when she asked him why it happened he replied: "I thought you wanted to be naughty. I’m sorry babe."
Ms Gohil told the jury that the only issue they will have to decide is whether the act was intentional or accidental. There was no doubt, she said, that until the incident the couple had both been having intercourse and both had a ‘high sex drive.’
“(The man) does not contend that she consented and nor does he argue that he reasonably believed she was consenting. His defence is that it did happen but it was accidental,” added Ms Gohil.
The jury was played a video recording of the woman being interviewed by the police on 1st March 2021 in which she confirmed that she and the man were having sex with her consent.
“I kicked him off. I told him he had hurt me. I went to the toilet and he went downstairs."
The trial continues.