A young woman woke up after a party to find a man she “barely knew” removing her underwear a court heard.
The 21-year-old told Inverness Sheriff Court that she had been touched intimately after falling asleep in a flat following a night out.
Andries Van Der Schyff, 33, of 18 King Street, Inverness, denies sexually assaulting the woman while she was sleeping and unable to refuse his advances.
The offence is alleged to have happened on December 3, 2012 at Tomnahurich Street, Inverness.
Van Der Schyff’s defence solicitor Neil Wilson has lodged a special defence claiming the woman had consented.
The woman, who cannot be named for legal reasons, told a jury she said that she had been on a night out with staff from Johnny Foxes and The Den in Inverness city centre.
She told the jury that she had been drunk after spending time in a number of bars in the city centre and had returned with others to the flat.
She said she had fallen asleep with another woman on a sofa bed in the flat.
She said: “I don’t really remember anything from the party being in full swing until waking up and there was no one else there, but him.”
She said the first thing she was aware of was her trousers and underwear being removed.
Fiscal depute Roderick Urquhart, prosecuting, asked: “For the avoidance of doubt, who removed your jeans and underwear?”
She said: “Andy did.”
She accused Van Der Schyff, who is known as Andy, of touching her “with his hands” in her “crotch area”.
She said this went on for a minute before she had made an excuse to leave.
She said that she was still drunk when she woke up but was “conscious” and aware of what was happening.
The woman then called a colleague to come and pick her up before contacting her mother.
Mr Wilson asked: “Is it possible you were drunk and in your drunken state you did a foolish thing which were ashamed of almost immediately.”
She said: “No.”
The woman also denied taking off her own clothes and that she had consented to contact with Van Der Schyff.
The trial continues.
