A woman accused in court of pinning down a young mum while her policeman partner raped her wept yesterday as she denied any involvement in the alleged attack.
Elaine Duncan was held at Inverurie police station and questioned extensively following accusations that she and her partner, Andrew Robertson, had abused the woman after she refused to engage in a “threesome” with them.
Ms Duncan was not charged in relation to the allegations, however Robertson – who was a police officer at the time of the offence – went on trial at the High Court in Aberdeen on Monday accused of rape.
The court had previously heard evidence from the alleged victim, who claimed Ms Duncan had held her arms above her head so she could not move.
While this was ongoing she said Robertson pinned her down by her legs and raped her on the sofa.
The woman, who cannot be named for legal reasons, said the couple tried to ply her with “special champagne” at her house in Aboyne, before attempting to entice her into having sex with them both.
She said she refused and was sexually assaulted.
Robertson, of 6 Craigferrar Way, Aboyne, denies the allegation against him.
His defence counsel Shelagh McCall has lodged a special defence stating the sex between the pair had been consensual.
Yesterday Ms Duncan took to the witness stand and broke down in tears as she insisted neither she nor her partner had raped the woman.
The 48-year-old said she had watched Robertson – her lover of 13 years – have consensual sex with his accuser and that the woman had initiated the “games” which led to the encounter.
Talking about the alleged victim, Ms Duncan said: “I remember there was something on the TV and she started chanting ‘get them off, get them off’.
“She started taking her clothes off.
“I think that’s when I went to the bathroom.”
The witness claimed that when she came back she stood in the doorway and watched as Robertson had sex with the woman on the couch.
Defence advocate Shelagh McCall asked Ms Duncan how the woman looked during sex.
Ms Duncan replied: “Quite happy. She just seemed quite happy.”
The court heard Ms Duncan returned to the bathroom for about five minutes as she was in “shock” at what she had just seen.
She said she returned and confronted the woman over the infidelity.
During reexamination, advocate depute Rosemary Guinnane said: “This court has heard evidence that you grabbed her arms and pinned her down onto the sofa?”
Ms Duncan replied: “No, I certainly did not. That never happened.”
The trial, before Lord Turnbull, continues.
