‘You rubbed your body against his’: Transcript of rape victim’s ‘brutal’ cross-examination in court

Exclusive: Transcript reveals ‘brutal but typical’ examination by defence barrister

Prosecutors did not make a charging decision in the case for more than two years (Getty/iStock)

A court transcript obtained by The Independent shows a rape victim being accused of flirting with her attacker and lying because she was “embarrassed” about having sex.

Alison has spoken out about her experience, which left her in tears and was described by campaigners as “brutal but typical”, amid a national push to drive up rape prosecutions.

She says she was raped by a stranger after she blacked out at a house party in 2019, and was left with internal injuries and bruises after waking up to find him attacking her in bed.

Friends told Alison she had collapsed after becoming drunk and vomiting in front of guests, including her attacker, and was carried to the room and put to bed alone and unconscious.

Prosecutors did not make a charging decision for more than two years, and weeks after the third anniversary of the attack the perpetrator was acquitted by a jury after claiming they had “consensual rough sex”.

He gave an elaborate account of the evening to police that sought to explain her injuries, and trial rules meant that Alison was not aware of his story before being questioned in court.

After The Independent told the head of the Crown Prosecution Service about Alison’s case, he said that victims should not be “further traumatised and damaged” by their experience.

The following transcript contains graphic descriptions of sexual violence and allegations that readers may find distressing.

It has been edited to remove details that could identify parties in the case, and Alison’s name has been changed to protect her anonymity.

Defence barrister: Were you flirting with [the defendant] outside the pub before going to [the house party]?

Alison: No.

[Redacted]

Q: Did you suggest to [the defendant] that you could both go and sleep together in a room upstairs?

A: No.

Q: Are you saying you can’t remember if that happened or not, or it didn’t happen?

A: I don’t think that happened, but I was, I don’t remember anything that happened, as I stated in my video interview, I don’t remember anything after the game in the kitchen.

[Redacted]

Q: Do you remember cutting your head from falling on the shower thing, if I use the words “on the shower thing”?

A: No, I don’t remember that.

[Redacted]

Q: In regards to what happened in the room, do you remember lying with your back towards [the defendant] and rubbing your body against his?

A: No, I don’t remember that.

Q: Do you remember kissing with him in the bed?

A: No, I don’t remember that.

Q: Do you remember removing your underwear?

A: No, I don’t remember that.

Q: And in regards to consensual intercourse with him, do you remember having sex with him?

A: No, I don’t remember having sex with him.

Q: Do you remember being on top of him at some stage?

A: No, I don’t remember that.

[Redacted]

Q: If I suggest to you that you consented to sex with [the defendant], you took part in consensual sex with him, what would you say to that?

A: I would say that is not true.

Q: In your evidence, you’re asked by the officer who’s asking you questions to account for your position in the bed, [the defendant’s] position in the bed, and you say ‘it’s all a blur’.

A: Well-

Q: Is that because your version of events didn’t happen?

A: No, it’s because I woke up and I was drunk and confused, and I didn’t, I don’t remember how I woke up this morning, let alone on that night.

Q: Did you, the following day, realise that [Alison’s female friends] knew that you slept in the same room with [the defendant] and is that why you told them you were raped?

A: No.

Q: Because you were embarrassed about the night before.

A: No.

Q: Your Honour, those are my questions. Thank you.

[Redacted]

Prosecution barrister: I’m concerned as to whether the defence really have put their whole case to the witness because in interview the defendant said various things, might I put those matters in, just to see what [Alison] says? They are matters raised in interview that haven’t actually been put to her.

[Redacted]

Prosecution barrister: It may be suggested that you were actually having consensual sex for 10 minutes, and were actually having an orgasm with [the defendant]. What do you say about that?

A: I’d say that’s not true.

Q: And that you at one point actually put his penis into your vagina.

A: No, that’s not true.

Q: And that you were making pleasurable noises that meant that someone came in and knocked on the door.

A: No, that’s not true.

Q: So, when you woke up, how did you actually feel?

A: I was confused. I woke up to my head banging against the headboard, and I didn’t really know where I was or who I was with or what was going on.

[Redacted]

Q: It was suggested that you told your friends that you had been raped because you were embarrassed about the night before.

A: That’s not true at all. I would have, like, why would I be embarrassed?

Q: Yes, thank you. No other questions.