Man accused of filming HIMSELF RAPING an unconscious girlfriendInternational 04:28
A man filmed himself raping his unconscious girlfriend the night before she had a hysterectomy, Preston crown court has heard.
Some time after the operation, Marc Andrew Smith, 45, a former bouncer from Pleasington in Blackburn, then showed the woman the footage on the flatscreen TV in his bedroom.
The woman, now 36, later told police that "when the video came on, my hands went over my face and my tears started coming down my eyes". The mother-of-one from Lancashire said Smith then apologised and said: "I could get 10 years [in prison] for that."
Jeremy Lasker, prosecuting, said: "The reason she reacted in this way was, say the Crown, because she realised when she saw the video clip that she was watching an incident involving sexual activity of the most intimate kind, to which she had not given her consent, indeed she was unable to give consent because she was effectively comatose."
After viewing the footage, the woman secretly sent the footage to her own mobile phone using Bluetooth and eventually went to the police.
Smith denies the charges against him. Lasker told the jury on Monday that Smith described the alleged rape as "role play", initiated by the woman, and that she had wanted him to tie her up and for her to pretend she was asleep.
The woman, who cannot be named for legal reasons, said she had no recollection of the alleged rape. She admitted that she had enjoyed consensual sex with Smith on the evening in question before going to bed, and had taken two sleeping tablets, some antidepressants and two blue tablets she claimed Smith had given her in order to "calm me down". She was on medication for long-term mental health problems.
She said the first she knew of the alleged rape was eight weeks later, when she was still recovering from her hysterectomy. She said he showed her the video along with six photos apparently taken the same night.
The jury was shown the video on Monday, along with a video recording of the woman's first police interview, conducted in September 2008. The police officer interviewing her asked why it took almost four months for her to report the alleged rape to the police. The woman broke down and 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. I didn't know if anyone would believe me."
The court heard the defendant and alleged victim had been in an "on-off" relationship from around about December 2005 until the summer of 2008, when he showed her the video.
In the police interview, the woman admitted that she had a "high sex drive" and that the pair had a "very adventurous" sex life. She said that they did sometimes film each other during sex and that they "sent films to each other" with mutual consent. "We enjoyed it," she said on the video.
She said that Smith was a heavy user of pornography who owned "thousands" of erotic DVDs. "He was bad for porn," she said, claiming that "he had to have his internet cut off, it was that bad".
The woman said that she was never into bondage. "That's not normal to me. Even if I were awake and someone asked me to do it I would say no," she said in the police video interview. "That night he did things to me that I did not give my consent for."
The case continues.