"I thought they'd tell me it was a drunken mistake"

Wednesday 19 July 2023

A woman who claims she was raped by a man she met on Facebook has told the Royal Court she initially didn't make a report because she feared she wouldn't be believed.

The woman was giving evidence on the second day of the trial in the Royal Court of Luis Filipe Algarvio Pestana (40), who denies rape and sexual penetration without consent.

The trial opened on Monday, when a video recording of an interview the woman gave police 10 days after the alleged attack was played in court.

In it, she related how she met Mr Pestana via Facebook last year, they had changed numerous friendly messages and had agreed to meet in a pub in St. Helier. Afterwards they went back to the woman's house and consensual sex took place.

But she said he later attempted an act that she objected to, and when she pushed him away his attitude changed and he became more aggressive, choking her, pulling her hair and slapping her. 

"I said, 'Stop,' but he kept going," she said.

She said what happened was "painful" and left her with bruising on her abdomen and thighs. She also said her neck was so "sore" that it was "hard to swallow".

Advocate Simon Thomas, outlining the prosecution's case, said: "The sex was consensual at first but there came a time when things changed.

"It went far beyond what the woman was comfortable with. She told the defendant as much on several occasions but he carried on regardless.

"There can be no question of the defendant having reasonable belief that she was consenting despite her pleas to stop."

Advocate Thomas added that a week after the alleged attack the woman broke down in tears at work and made a report to the police. An examination at Dewberry House sexual assault referral centre discovered internal and external injuries.

At the time of the police interview the woman claimed she was still feeling the effects of the injuries, feeling what she described as a "dull ache" in addition to "shooting pains" in her legs.

On Tuesday, the alleged victim told the court why she had not made a report to the police right away.

"At that moment in time I was confused. I wasn't sure I would be believed because I had taken him back to mine and consented to sex," she said. "I thought it was my fault for trusting someone so quickly."

She also said that she didn't believe speaking to the police "would help", adding: "I thought they'd tell me it was a drunken mistake and I should move on from it."

As Advocate Rebecca Morley-Kirk, defending, questioned the woman about her account, the woman reiterated her claim that she had told Mr Pestana: "'You're hurting me. Stop. You need to stop. I can't.'"

The advocate said: "He accepts that it got a little rough, a little intense, but Mr Pestana said that nothing happened that wasn't consensual."

The woman responded: "A lot happened that wasn't consensual."

The advocate asked why she hadn't screamed or shouted, to which she responded that she was in pain, adding: "I could barely talk, let alone shout."

The trial, which is expected to last two more days, continues this morning. Commissioner Sir Michael Birt is presiding.

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.