A 25-YEAR-OLD man accused of raping a woman while she slept told her after the alleged incident that he was “disgusted” by his behaviour, the Royal Court has heard.
The alleged victim told the court she recorded a conversation she had with defendant Dylan Condon on her mobile phone.
The recording was played on the first day of Mr Condon’s trial yesterday. He denies the charge of rape.
The prosecution case is that in the recording, he is heard to say: “I’m really sorry. I was just disgusted with myself.”
The woman had been drinking in the afternoon and had taken a sleeping tablet before going to bed, the court heard.
When Mr Condon visited her home, she told him she was very tired and did not want to have sex with him, according to the prosecution. Crown Advocate Simon Thomas, prosecuting, said: “It seems the defendant was not prepared to take no for an answer.
“In his own admission he had sex with her while she was unconscious.” The advocate added: “Everyone has the right to refuse to consent to sex. If someone is unconscious, they cannot exercise their right to refuse consent.
“Mr Condon knew she was unconscious, so he can have had no reasonable belief that she was consenting.”
The woman said that after the alleged assault she had severe pain in her genital area and had been unable to cycle to work the following morning.
She told her parents what had happened and they reported the allegation to the States police. Mr Condon was arrested later that day.
The woman gave evidence via video link, screened from the public gallery, and Advocate Mike Preston, defending, asked her: “Are you really concerned about strangers hearing about these matters?”
She said: “Yes.”
He asked: “You posted several videos on TikTok in which you mentioned it. Why have you done that?”
She replied: “It’s a coping mechanism. I use humour to cope with it.”
He said: “You consented to this, didn’t you?” She said: “No, I did not.”
He suggested: “You were not asleep at any point.”
She answered: “Yes I was.”
The trial is expected to last two more days.
