Jury in Great Yarmouth rape trial start hearing speeches
- Credit: James Bass
The jury in the trial of two men accused of raping a woman in a flat above a fast food outlet are hearing closing speeches in the case.
Norwich Crown Court heard the woman, who cannot be named for legal reasons, went to the Empire club on Marine Parade in Great Yarmouth but was "highly intoxicated" and cannot remember leaving.
She woke up in a flat above a fast food outlet on St Peter's Road in the town where she was allegedly being raped by Alexandru Puscoci, 21, and Ionut Mitrea, 33.
Puscoci, of Cobbs Place, Yarmouth, and Mitrea, of St Peters Road, Yarmouth, have gone on trial having both denied rape on July 12/13 2019.
Judge Katharine Moore told jurors to put aside any sympathy or prejudice when considering their verdicts.
Each defendant was of previous good character but she said Mitrea admitted he lied in police interview when he denied having sex with the complainant.
She said in evidence Mitrea, who is married, now admits having sex with the woman with her consent but lied because he felt ashamed and scared about having sex with her and stressed about being interviewed.
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Judge Moore said that both Mitrea and Puscoci admitted having sex with the woman but both say it was with her consent.
Judge Moore said that the jury must decide if the woman, who had been drinking had capacity to consent to what happened.
She said among questions the jury had to consider was whether an unconscious or sleeping person lacks capacity whether or not to engage in sex acts.
She said a person who had been drinking also may do things while intoxicated they would not do when sober.
Judge Moore told jurors they needed to reach a conclusion as to the complainant's state and whether she had the capacity to exercise choice.
She said they also had to consider whether the two defendants had a genuine belief that the woman had consented to what went on.
The jury will hear closing speeches from the prosecution and defence on Thursday before the judge starts summing up.