"She shut down... she was not in a good state"

Thursday 20 July 2023

A woman who claims she was raped by a man she met on Facebook "shut down" and hid herself away following the alleged attack, her sister told the Royal Court.

The sister was giving evidence on the third day of the trial of 40-year-old Luis Filipe Algarvio Pestana, who denies charges of rape and sexual penetration without consent.

The alleged victim had shown her sister bruises that covered her legs two days after the attack was said to have taken place, the Royal Court heard.

Her sister struggled to speak as she told jurors: "I was horrified by the marks all over her. They looked like fingerprints and thumbprints."

Her sister said that she had also noticed red marks on the woman's neck and chest on the morning immediately after the alleged attack, as well as a change in her behaviour.

She said: "She was very flustered. I was quite taken aback. She had always been a 'morning person', bright-eyed and bushy tailed, I would say. But her demeanour very much surprised me."

She said that her sister blamed herself for what had happened and firmly rejected advice to contact the police.

"She said it was a bad one-night stand and she deserved it for bringing him home," the alleged victim's sister said.

She also told the court that the alleged victim had become withdrawn and had "hidden herself away" in the days afterwards.

However, Advocate Rebecca Morley-Kirk, defending, pointed out that the woman had gone to work and had been out socialising with friends on two evenings that week. She asked: "Is it fair to say that she hid herself away?"

The sister said: "She shut down. She wouldn't have a conversation with me about anything."

The court also heard from former forensic medical examiner Dr Frederick Rudd, who had examined the alleged victim a week after she said she had been attacked.

He said: "She was not in a good state. She was quite upset."

He found "a series of yellow and purple bruises" which would have been at least 18 hours old, and said: "It would be quite unusual for someone who had fallen to have that quantity of bruises."

Advocate Morley-Kirk asked him: "Do you accept the possibility that aching legs could be caused by the exertions of consensual sex?"

He replied: "It's not something I've come across, to have aching legs from consensual sex seven days later."

The trial continues this morning.

SUPPORT...

SARC at Dewberry House provides expert independent and confidential support to victims of sexual abuse. Tel: 01534 888222. 

Jersey Action Against Rape (JAAR) provide and maintain a supporting framework for survivors and their families. Confidential helpline: 01534 482800.

Jersey Women’s Refuge offer help and support for victims of domestic abuse. Tel: 0800 7356836.

Victim Support offer free and confidential advice to victims of crime. Tel: 01534 440496. 

Victims First Jersey is a free and independent service offering confidential support to victims and witnesses of crime. Tel: 0800 7351612.