Babysitter denies rape

PUBLISHED: 10:00 11 November 2010

justice scales

justice scales

Archant

A BABYSITTER claimed he accidentally had sex with a woman 'for a second' while she hugged him as she slept - a court has heard.

Mitchell Moir, of St Georges, has denied raping the alleged victim, now aged 22.

Exeter Crown Court was told he had been babysitting for her after she went out socialising one night in September 2009.

Prosecutor Sean Brunton said she returned to her home in Devon at 2am, and had been drinking during her evening out.

Mr Brunton said 19-year-old Mr Moir saw a chance of going to bed with her but she twice said ‘no’ and a row began between them.

Mr Moir ended up sleeping on a sofa downstairs while she slept in her bedroom upstairs.

The court was told the woman’s baby started to cry at 6am and she asked Mr Moir to deal with the child as part of his babysitting duties while she slept on.

But Mr Brunton said: “He returned to her bedroom and took off all his clothes and got in her bed.”

“At no point did she awake during this interlude. She is a very heavy sleeper. He does not suggest she woke up.”

The jury was told Mr Moir touched her and had sex with her.

The next day the victim allegedly confided in her mother that she believed Mr Moir had sex with her while she was asleep and was upset.

It is said the defendant and the victim exchanged text messages later the same day, in which he initially denied having sex with her.

He then allegedly admitted it had happened ‘for a second’ and was sorry and panicking that he would be arrested for rape.

Mr Brunton added: “It was a fairly clear admission made at the time that he crossed the line and committed the offence alleged.”

Mr Moir’s DNA was found on swabs taken by police doctors from the woman. The jury heard he also told his uncle the police would probably be arresting him for rape.

In police interview Mr Moir told officers that the alleged victim ‘grabbed him around the back and pulled him towards her forcing him to penetrate her accidentally’.

He said it was the hugging action by the sleeping woman that led to them having sex.

Mr Brunton said a person cannot consent if they are asleep and the issue is whether the sexual act was deliberate or accidental.

The trial continues.

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