A jury has heard closing speeches in a rape trial in which a woman claims she was assaulted in an Aberdeen chip shop.
Behroz Hamedi is on trial at the High Court in Aberdeen accused of abducting and raping a 21-year-old at the former Marco’s Fast Food Restaurant in Belmont Street on November 1, 2018.
The 59-year-old, of Pinecrest Walk, Aberdeen, denies the alleged assault, which is said to have happened when the woman was intoxicated.
The court previously heard Hamedi turned the lights off in the shop and locked the premises before walking to the back of the shop where the alleged offence took place.
Yesterday, counsel David Moggach, for Hamedi, told jurors: “You are here to determine if he committed the crime of taking advantage of a female because she was so intoxicated she was unable to give or withhold consent.”
“It is my respectful submission that she did consent to the activity that took place in the kebab shop.”
“The woman does instigate the initial action in this case and he does participate for a while.
“Whether he is proud of that is neither here nor there.”
Advocate depute James Keegan reminded the court of evidence in which two bartenders said they found the woman without her shoes, handbag or jacket and phoned 999 to help her.
Mr Keegan challenged Hamedi’s perception of the woman’s state of intoxication.
He said: “He was taking advantage of a drunk female, just 20 minutes after a member of the public called because they knew she was unsafe.
“He abducted her. He assaulted her. He raped her.”
Jurors will consider their verdict on Monday.
