A JURY has begun deliberating on the case of a former bouncer who allegedly filmed himself raping an unconscious woman the night before she had an operation.
During a four-day trial at Preston Crown Court, the 12- strong jury heard that some time after Marc Andrew Smith’s victim had been released from hospital, he allegedly showed her the footage on a 50ins flatscreen TV in his bedroom.
The 45-year-old joiner from Pleasington Lane, Blackburn, claimed he believed his victim had consented to a ‘role play’ where she pretended to be asleep.
Prosecutor Jeremy Lasker told the court that the victim had been ‘genuinely devastated’ and reduced to tears after seeing the video because it showed sexual activity of the most intimate kind, that she had not consented to.
The court heard the victim, was unable to give her consent because she was effectively comatosed after taking prescription drugs including sleeping pills and anti-depressants.
After viewing the footage, the woman secretly sent the images to her own mobile phone using Bluetooth and eventually went to the police.
During the four-day trial, the jury were shown the video, six photos taken on the same night and the woman's first police interview.
In the interview, she admitted that she had a ‘high sex drive’ and that she had a ‘very adventurous’ sex life. Asked why it took almost four months for her to report the alleged rape to the police, she said: “I didn't know what to do. I didn't know who to talk to about it. I didn't know how to explain it.”
Smith denies two charges of rape. He claims the alleged rape was initiated by the woman, and that she had wanted him to tie her up and for her to pretend she was asleep.
Yesterday, Judge Pamela Bradley told the eight women and five men sitting on the case of Marc Andrew Smith not to rush in returning their verdict.