A MAN has appeared in court charged with rape.
Anthony Woodward, 24, of Ashington Close, Kitt Green, denied rape and assault when he appeared at Liverpool Crown Court, saying the woman consented to having sex.
But Anthony O’Donohoe, prosecuting, told the jury: “Because of the amount of alcohol she had, and the manifest effect on her, she did not consent and lacked the capacity to consent.”
He explained that on December 18 last year the woman went for a night out with her daughter, son and her friend and neighbour and their children.
The two women began drinking cider and were joined by Woodward, his girlfriend and another friend and they all started drinking shots.
The woman had no memory of leaving the club or getting back to her home.
The group left the club about 12.45am and the woman’s daughter said she had never seen her mum so drunk.
Woodward, who had come back with the group to the neighbour’s home, arrived at the woman’s home and said he would “sort her out” and went upstairs and sat with her with a towel, bowl and water.
Mr O’Donohoe said that the bedroom door was open and the light was on but when her daughter came up later the door was nearly closed and the light was off.
He added: “She was concerned because she heard a sound like her mother making a choking sound and she investigated.”
The girl found Woodward on top of her mother having sex.
She said: “I felt sick. He did not see me and she wasn’t aware of anything. I had never seen her in such a state before.”
Woodward fled the house after the girl alerted her grandparents about what was happening.
When told the next morning what had happened the alleged victim broke down in tears.
Woodward voluntarily went to a police station on December 20 and denied that she had been drunk. They had begun kissing which led onto sexual activity and then consensual intercourse, he claimed.