The defence counsel put it to the alleged victim that she was giving ‘mixed messages’ to defendant Brett Kean. Earlier in the trial the court heard that the two had met in a St Helier bar before having drunken consensual sex. A week later it is alleged that Mr Kean carried out the attack after the pair met again.
Advocate Francesca Pinel, defending Mr Kean, put it to the complainant that she had initially said no on the night of the alleged rape, but soon changed her mind. ‘You may have initially said you did not want to have sex, but you changed your mind – that’s correct?’ asked the lawyer.
‘No,’ the woman replied.
‘After you said no you said yes – that’s right?’ added Advocate Pinel.
‘No,’ the woman replied again.
‘What happened that night was similar to the first night – correct?’ the lawyer asked.
‘Absolutely not,’ said the complainant.
Mr Kean (41), who the court heard suffers from an ‘organic brain disorder’ which causes him to use ‘senseless language’, denies two counts of indecent assault and one of rape. It is accepted that the pair had consensual sex once but the Crown say the defendant grew obsessive after that – hounding the alleged victim with calls and texts – and ultimately abused the woman a week later despite her repeatedly saying no.
Yesterday, the jury of seven men and five women heard that the complainant had invited the defendant to her accommodation to persuade him to delete her number in her presence so she ‘could see it happen’. It was heard during the trial on Monday that Mr Kean had called and texted the complainant on numerous occasions, despite her asking him not to. She also secretly recorded three face-to-face conversations with him in which she asked him not to ‘touch’ her or contact her.
Advocate Pinel put it to the woman during cross-examination that it seemed ‘counter-intuitive’ to invite a man she described as ‘strange’ and ‘obsessive’ to her accommodation.
‘My goal was to get my number deleted and see it happen,’ the woman said.
Advocate Pinel said it was the defence’s case the woman was lying about being raped. It was heard on Monday that the complainant was ‘a little embarrassed’ for having sex with him on the night they first met and ‘regretted’ it.
‘You were not raped, were you?’ the lawyer asked.
‘Yes I was,’ said the woman.
‘You regret having sex with him so you made up these allegations – right?’
‘I did not have sex with him – I was raped,’ said the woman.
‘You have decided to make all this up because you regretted having sex with him for a second time – that’s right?’ asked Advocate Pinel.
‘I did not have sex with him for a second time. I was raped,’ the woman replied.
Deputy Bailiff Tim Le Cocq is presiding. The trial continues.
