Rape verdict due today

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Derek David Allen, of St Helier, denies charges of rape and indecent assault in relation to an incident last March.

The Crown’s case is that Mr Allen invited the girl to his flat and plied her with alcohol and drugs in order to have sex with her and paid no attention as she repeatedly said ‘no’. The defence argued that what happened between the two was a consensual encounter.

On Tuesday, the alleged victim gave evidence via video link with the court – an arrangement agreed owing to her young age.

Facing a screen showing only the two advocates and Deputy Bailiff Tim Le Cocq, who is presiding in the trial, the girl told the court that she had been invited to the defendant’s flat for drinks.

She said she did not consent to any sexual activity.

Under cross-examination by Advocate Adam Harrison, defending, the girl admitted that, although underage, she drank alcohol frequently and had also tried cannabis.

She told the court she went to Mr Allen’s flat as she ‘wanted to drink’ and that she had misled her mother about where she was going.

‘Did you feel attracted to him?’ Advocate Harrison asked. ‘No,’ she replied.

The defence called no witnesses, with the defendant deciding not to give evidence in his defence.

In closing submissions, Crown Advocate Matthew Maletroit, prosecuting, asked the jury to consider the state of the alleged victim as she arrived at the police station barefoot, with her trousers on inside-out after fleeing the defendant’s flat to make her report in the early hours of the morning.

He argued that given the timeline of events, the girl had no opportunity or motive to make up allegations against Mr Allen.

Given the amount of alcohol the two had drunk, he asked the jury: ‘Could she have been more vulnerable? What do you think about the defendant giving a (teenage girl) class B drugs? What condition do you think she was in when he decided to make a move on her?’

However, Advocate Harrison said that ‘consent’ was the issue in the trial, as the sex had been admitted.

Advocate Harrison argued that however ‘irresponsible’ and ‘lamentable’ the jury might find the idea of a man of 40 inviting a teenage girl around and drinking and smoking cannabis with her before having sex, ‘it does not follow that he indecently assaulted and raped her’.

He said the girl had reached the age of consent and, while the Crown suggested he might have intended to assault her, he maintained that Mr Allen ‘intended that night to get drunk and he intended to get stoned, not to take advantage of [the alleged victim]’.

‘Whatever happened between them happened in the spur of the moment,’ he said.

He added: ‘If you think she might have consented, if you think he might have genuinely believed she consented, you must acquit.’

The Deputy Bailiff is due to give his summation and legal directions this morning before the jury retires to consider its verdicts.

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