A MAN accused of raping a younger woman in his bedsit after matching with her on a dating app has told jurors in the Royal Court that he was given “no explicit verbal indication” that his actions were non-consensual.
Ian Michael Agostini (31) is charged with committing five sexual offences against a “sexually inexperienced” Islander last year.
It is alleged that he subjected the alleged victim to approximately 30 minutes of “rushed” non-consensual sexual activity at his bedsit flat in St Helier. Mr Agostini denies the charges.
Giving evidence in the Royal Court yesterday, he told jurors that he was “gentle throughout” the meet-up, which was arranged through Tinder and Instagram.
Advocate Nicholas Mière, defending, asked Mr Agostini to clarify his state of mind before the meeting.
“My level of enthusiasm was low,” he stated. “On a scale of one to ten, it was around two. I didn’t really have many expectations, apart from seeing what she was like in person, but I already had reservations about my level of chemistry with her.”
It was put to Mr Agostini that his repeated viewing of pornography on the day leading up to the meet-up may have informed his “intentions” towards the complainant.
“It would say it has no relevance,” the defendant responded. “I would access pornography on a daily basis, so there is nothing significant about me watching porn on that day.
“I could watch porn before going to meet my family; it doesn’t indicate that I’m planning to have sex or wanting to have sex. I’m sure a lot of people watch porn on a daily basis.”
The court heard that Mr Agostini greeted the woman at the door to his bedsit with a kiss on the cheek.
Mr Agostini said that after some “awkward conversation”, he sat beside the woman on his bed, having “come to the conclusion that she might have been there for something romantic”.
He said he then kissed the alleged victim, who “kissed me back, [which] gave me the confidence to think that she was enjoying it and eager to continue”.
“I didn’t lean in to kiss her in a fast or aggressive motion,” said Mr Agostini. “It was measured and slow, so she would have had plenty of time to pull back and reject me.”
As the kissing progressed, Mr Agostini said that the woman “gave no indication at any point that she was uncomfortable with things continuing as they were – or escalating”.
Advocate Mière asked Mr Agostini if he had checked to make sure that the increasing sexual activity – which culminated in sexual intercourse – was something the woman wanted.
Mr Agostini replied: “I based it on the way she was reciprocating the kissing, her general body language and her lack of objections.
“If you are asking me, did I say explicitly, ‘Do you consent for this to continue?’ – no, I did not say that.
“In fact, I can’t recall a time when I have physically said the sentence to someone, ‘Do you consent to me going further?’. It is based on how the two people feel at the time.”
Mr Agostini added: “She gave me no explicit verbal indication that she was unhappy with what was happening, or that she wanted it to stop.”
The defendant told the jury that, had the complainant objected to his advances, “the sex would have stopped there”, before adding: “I am not an animal.”
Crown Advocate Christina Hall, prosecuting, asked Mr Agostini why he had not taken the complainant for a walk in the park when she arrived at his flat.
“I didn’t want to be seen with her as I didn’t find her particularly attractive,” he replied.
Deputy Bailiff Mark Temple is presiding. The trial continues.
