A woman who claims she was raped by a pensioner after falling asleep at the end of a night out has told a jury how she scratched his face trying to fight him off.
Alexander Beaton is standing trial at the High Court in Aberdeen accused of raping the 57-year-old in April 2019.
The 69-year-old denies that charge.
His alleged victim told the court how she had been drinking heavily both at home and in two different Forres pubs as part of belated birthday celebrations.
She said she met Beaton in Legends Bar that evening and the pair, along with others, moved on to The Eagle pub before going home together to drink more and potentially watch a film.
Pair went home together after pub visits
She told the advocate depute Chris McKenna that she was feeling “very drunk” after drinking double gin and tonics then multiple vodka and cokes during the course of the evening and at Beaton’s home in the town’s Councillors Walk.
She said: “I know I fell asleep either on the bathroom or hallway floor. I woke up in bed with my skirt by my waist and my tights and underwear pulled down past my knees. I don’t know how long I had been asleep.”
She said Beaton was on top of her and penetrating her, pinning her down by her wrists as she began to fight him off.
“I felt disgusted and emotionally over-wrought,” she added. “I tried to push him off and was telling him to get away from me.
“When I eventually did I was pushing him on his face and I believe I scratched him on his face.
“I was telling him to get off me and that I was going to phone the police, but he didn’t seem to be bothered by that.
“I didn’t give him consent … I was not in any state to give consent to anything.”
‘Crying but he didn’t stop’
She had no idea how long the incident lasted but said Beaton did not wear a condom and “didn’t listen to a word” she said when he asked him to get off.
“I was screaming for him to get off me and crying but he didn’t stop,” she added before saying she felt “disgusted” and “absolutely devastated”.
“I felt if I hadn’t been so drunk, it wouldn’t have happened,” she added.
Police were called at 4.10am and found the pair still in Beaton’s bedroom and both were later given medical examinations.
Dr Gordon Guthrie, a forensic physician, confirmed to the court that Beaton had more than a dozen scratches, consistent with those caused by fingernails, on his face, neck and head.
Dr Guthrie also said the woman had sustained an injury to her private parts which was “three to four times more likely” to be in keeping with non-consensual penetration than consensual sex.
Claimed it was consensual
Beaton’s defence agent Edith Forrest put it to the woman that she had consented to some sexual relations and that her client had stopped when asked to.
Miss Forrest also said Beaton had suffered his facial injuries, which included a black eye, when he was pulled over by the woman as they walked back home from the pub.
She also said the pair had a conversation about Beaton spying her wedding ring and “not wanting to cause any upset or break up any relationship”.
“When the police came you were crying because you realised you had been unfaithful to your husband … that’s what was upsetting you wasn’t it?” she asked the woman, who replied “no”.
The court also heard how the woman spent the whole evening mistaking Beaton for a different man, whom she had known for seven or eight years and felt safe with.
She said the man she thought he was would “never ever harm her”.
She didn’t realise her mistake until police informed her that the man, who she continued to name throughout her statement, was not who she thought he was.
“I deeply regret that because it could have gotten someone into trouble for something that they didn’t do,” she added.
The trial, before Lord Richardson, continues.
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