A man accused of raping a woman in an Aberdeen restaurant has told a court she led him by the hand to a toilet cubicle for sex.
Mark Caine is on trial at the High Court in Aberdeen, accused of raping a woman in the toilets of Cinnamon when she was too drunk or high on cocaine to give consent.
Giving evidence yesterday, the 40-year-old told the jury that the woman had instigated the tryst during an after-hours gathering in the former Union Street restaurant on February 12 last year.
Defence counsel Gareth Jones QC asked Caine to describe what happened that night.
Caine said: “She insinuated we should go to the bathroom.
“She grabbed my hand and nodded in that direction. She then led me there.
“She told me to have sex with her and took her clothes off.”
Asked if the woman was a willing participant, Caine said: “Yes, she asked me.”
He admitted she was “a little bit tipsy” but said he was the same.
Advocate depute Allan Nicol QC, prosecuting, accused Caine of taking advantage of the woman’s intoxicated state, which he rejected.
Mr Nicol told the jury there could be no “reasonable belief” she was sober enough to have consented.
The court heard Caine drank three beers and had taken cocaine at least twice by the time he arrived at Cinnamon some time after 2am.
Caine, of Ritchie Place, Aberdeen, met the restaurant’s chef and another friend in a strip club and went back to the restaurant with them after it closed.
His alleged victim, then aged 20, arrived later with two friends having been on a separate night out.
Others in the restaurant at the time told the court the woman seemed “jolly”, able to hold a conversation and “comfortable” in Caine’s company.
The court heard that blood samples taken from the alleged victim later that day showed she had 169 microgrammes of alcohol per 100 millilitres of her blood – more than three times the drink-drive limit.
Forensic scientist Carolyn Lowrie estimated the woman would have been most drunk at around 4.10am, and would have had approximately 295mcg of alcohol in 100mls of blood.
Under cross-examination, Ms Lowrie admitted witness accounts should also be considered as her work was based on averages.
She also told the court that a urine sample showed evidence that the woman had taken cocaine some time after 11pm the night before.
When giving evidence on Wednesday, the alleged victim told the court she had not taken the drug on the night of February 11 or in the early hours of February 12.
During his closing speech, Mr Jones asked the jury of six women and nine men why she would lie.
“How does that impact on her ability to tell the truth as witness?” he asked them.
Caine denies the rape charge and has lodged a special defence of consent.
The trial, before Lord Armstrong, continues.
