Derby man accused of rape allegedly 'took advantage of damsel in distress'
The 29-year-old is alleged to have carried out the sex attack at a house in Alvaston
The alleged victim said she woke up on her sofa to find Adam Rowe sexually assaulting her after she invited him to stay over as he had “missed the last bus and did not have enough money for a taxi”.Derby Crown Court was told that Rowe had met the woman with her friend in a Subway takeaway in Derby city centre after a night out and the three of them caught a cab to her Alvaston home.
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She said that, when she woke up lying on the sofa, Rowe was naked and then he raped her.
Rowe, 29, of Loscoe Denby Lane, Denby Village, denies the charge.
Jonathan Dee, prosecuting, said the rape allegedly took place at a property in Alvaston in the early hours of June 5, 2016.
He said Rowe and the woman had seen each other twice earlier that evening, once in a bar and again in the Subway takeaway in Derby at the end of the evening.
Mr Dee said: “The crown say he took advantage of a damsel in distress. The defendant, the woman and a friend of the woman’s went back to the property.
“The crown say he wanted more than a bed for the night. She [the alleged victim] fell asleep fully clothed and, when she woke up at 5am, it was clear something had happened.
“She told him to get off her and he tried to tell her repeatedly that nothing had happened.
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Once Rowe had left the property, she reported it to the police and he was arrested, the court was told.
Mr Dee said that, in an interview with police, Rowe said he was “not sure if any sexual activity had taken place”.
He said: “The crown say he was not telling the truth when he said nothing had happened.
“The reason he was lying is that he knew he should not have done it.
“The issue here is consent and the real core to the case is that, when he did that, was she asleep? Because, if she was asleep, she did not consent.”
The alleged victim told the jury she did not make up her story after being challenged that she consented to having sex and felt guilty as she had a boyfriend.
The woman, whose identity is protected by law, said she woke up on her sofa in Alvaston after getting “10 out of 10 drunk” in Derby city centre.
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The alleged victim said the three of them were talking in her lounge and she fell asleep on the sofa in a “sitting up position” when her friend went to the bathroom to remove her make-up.
Defence barrister Mark Watson, in cross-examination, asked the woman: “Is this a case that you regret what happened that night?”
She replied: “No it’s not. I regret getting drunk and trusting someone I should not have.”
Mr Watson said: “What I suggest is that, although you were drunk, you knew what was going on, on that sofa.”
The woman replied: “I fell asleep siting up, I woke up and he was touching my thigh. He was naked.”
Mr Watson said: “I suggest to you that you were concerned your boyfriend would find out. I suggest to you that you let him touch you in that way.”
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The woman told the jury that, immediately after the alleged rape, Rowe told her “nothing has happened”.
She said: “I stood up scared and started crying, he kept saying to me ‘nothing happened, nothing really happened’.
“I tried to get away from him and he told me to calm down. He told me not to tell anyone because nothing happened.”
The rape is alleged to have happened in June 2016 and the woman said she sent a text message to a different friend to tell her what had taken place around three hours later before calling the police.
The trial continues.
Published on: Derby Telegraph




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