UNIVERSITY STUDENT DENIES RAPE AFTER COURT EMERGES DETAILS OF SEX ACT
A former university student accused of raping a woman told trial jurors he thought he had consensual sex with his alleged victim.Max Elliott, 24, is accused of raping a fellow University of Manchester student after they met at a party.
He denies the charge and is on trial at Minshull Street Crown Court.
Prosecutors allege he 'stealthed' the woman.
Jurors were earlier told she consented to sex on the condition Mr Elliott used a condom.
The court previously heard Mr Elliott did not use a condom, which 'removes' her consent to sex.
He claimed she would have known he was not using a condom because she had performed oral sex on him shortly before.
Giving evidence on Wednesday (March 4), Mr Elliott said he said he had been out with a friend on the night in question.
He said he had three pints of beer before later buying alcohol from an off-licence.
Mr Elliott said he was 'tipsy'.
He said they went to an 'after party', where he met the woman.
"I couldn't remember who approached first, but it was mutual," he said.
"We ended up kissing and we danced together.
We left the party...
and went back to my room." He said they 'made small talk' before kissing.
Mr Elliott told jurors the woman went to the toilet before returning.
They undressed, he added.
Mr Elliott said they kissed on the bed before the woman performed oral sex on him.
He said he was not able to sustain an erection, which left him feeling 'embarrassed'.
"At this point nothing was wrong," he told the court.
"There was perhaps a sense that she was a bit disappointed and the atmosphere was a bit awkward.
At that point she got on top of me and straddled me and it felt clear we were about to have sexual intercourse." Mr Elliott said he tried to penetrate the woman, but was unable to because he had a 'semi'.
"At that point it was fairly clear we were going to have sex and she said to me 'you should probably wear a condom'." "She mentioned something about having just got off her Plan A and she asked me if I had a condom.
Then she said she had one in her bag." He said the woman handed him a condom from her bag.
Mr Elliott added: "I thought briefly about putting it on, but I had a semi at that point and was not able to put it on.
I placed it on the shelf.
As far as I knew, I thought she could see my penis and see I was not wearing a condom." Mr Elliott said they got back onto the bed before she asked him 'what he was into' sexually.
Mr Elliott said he was 'a bit vanilla'.
He said she told him she liked 'being slapped' before 'slapped each other' three times.
He said things were 'going well' and that it was 'completely consensual'.
Mr Elliott said she performed oral sex on him for a second time and that he was not able to sustain an erection.
Mr Elliott told jurors the woman asked him: "Are you sure you are enjoying this, do you want to continue?" "I reassured her that I wanted to keep going," he told the court.
He said the woman asked him to perform oral sex on her.
Mr Elliott said they both became aroused after he touched her vagina and they proceeded to have sex.
Mr Elliott accepted he was not wearing a condom at the time.
He said believed the woman was aware he was not wearing one after engaging in foreplay.
"There was no break when I could have put it on, she must have been aware," he said.
"She didn't indicate she didn't want to have sex." He denied being 'animalistic' or 'violent' and denied forcing himself on her.
"The atmosphere was good, enthusiastic and consensual," Mr Elliott added.
Mr Elliott said he told her when he was about to ejaculate before doing so inside her.
He said she then got 'really angry and upset'.
"She was calling me a d******d and an a******e," he said.
"[She] said I had violated her and asking me why did I do it.
I was just shocked.
I was just repeating 'I'm so sorry, I don't understand'," he explained.
Mr Elliott said he managed to 'calm her down' before she told him she was going to slap him, which she did.
"It was as if she released some of her anger by slapping me," he told the court.
"She then began talking about Plan B - the morning after pill." He said the woman told him he could pay for the morning after pill and they swapped numbers, with her calling him 'D******d' in her phone.
He said he put her name as 'Plan B' in his phone.
Mr Elliott, of Station Road, Thames Ditton, Surrey, denies one count of rape.
