A Royal Court jury heard that the alleged victim had collapsed in the street and required attention from paramedics hours before the incident because she was so drunk. The next morning, the court heard, she woke up ‘naked, disorientated and confused’.
She asked her alleged attacker, Manuel Aguilar (24), if ‘anything had happened’. He initially responded that nothing had happened. However, after he was told that she was not on any form of contraception, the defendant said: ‘I do not think anything happened but I am not 100% sure.’
Weeks later, the woman took two pregnancy tests, which both indicated she was pregnant. The alleged victim, who terminated the pregnancy, told the court she ‘felt sick’ and cried. Analysis later linked the defendant’s DNA to the
terminated embryo.
Mr Aguilar denies rape.
Outlining the case, Crown Advocate Emma Hollywood told the jury how the woman had gone out with her friends in St Helier on the night of the alleged rape. While in a nightclub, the defendant arrived.
She added that Mr Aguilar offered to buy the woman a drink. She said she asked for a shot of Sambuca. However, it was heard the defendant also bought a bottle of champagne.
At around 12.30am, the woman was seen on CCTV footage being helped out of the bar in a visibly intoxicated state and, in another clip, was captured being carried through town by the defendant, alongside another individual.
Advocate Hollywood added that after around an hour, still in St Helier, she collapsed and an ambulance was called. Although she did not require treatment, Advocate Hollywood said that paramedics advised her and the group that someone needed to stay and monitor her through the night to ensure she would not choke in her sleep if she vomited. It was then agreed that the defendant would take her back to her house.
The court then heard how the following morning, the woman awoke in her bed, naked – feeling disorientated and confused – and told the jury that she normally wore clothes when she slept.
She added that her clothes had been stacked neatly beside her bed, which was not normal, and a throw, which covered her sofa, appeared as if it had been used as a blanket.
Days after, the jury was told, the alleged victim attended an appointment at the sexual health clinic where she was given a morning-after pill. After speaking with a nurse about what had happened, she was told that her case sounded like rape.
Months after, the alleged victim then took two pregnancy tests, which both came back positive. She told Mr Aguilar, the court heard, who allegedly agreed to help her pay for a termination. Days later, the woman went to the police.
Giving evidence, the woman said: ‘I was angry I was put in that position. He could have told me earlier and I could have avoided this process and being put in a position that I did not put myself in of going out… and getting pregnant.
‘This could have been avoided by just telling me.’
The trial continues.
