Jury retires in trial of Brightlingsea man accused of rape

The allegations, which date back to late 2017, involve the accusation Samuel Clifton raped a woman and sexually assaulted her when he was 18 years old.

Clifton, of Lodge Road, Brightlingsea, denies both charges.

The evidence was summarised by Her Honour Judge Loram on Monday with the case centring on whether the alleged victim said “stop” whilst she and Clifton were having intercourse. 

The court heard how Clifton, now 25, had gone with the woman to an Ann Summers store in Colchester to buy a sex toy.

Dispute - the two had intercourse at the defendant's address in Brightlingsea, but the prosecution say there was no consent (Image: Google Street View)

The prosecution argues the woman later told Clifton she was in pain and asked him to stop, only for him to ignore her.

The defence says the woman never said “stop” to the accused and the sex was consensual from start to finish.

Steven Dyble, mitigating, argued the subsequent sex which took place “did not cross the Rubicon of becoming rape”.

He said: “Both undressed and were naked prior to the event starting.

“This clearly demonstrates that whatever misgivings she may have had, she was consenting to what was going to happen thereafter.”

He added: “The prosecution says she said ‘stop’ three times.

“The defendant has no previous convictions - that fact alone means it’s less likely he behaved in the way being suggested by the prosecution.”

Trial - the case is being heard before a jury in Chelmsford Crown Court (Image: Daniel Rees, Newsquest)

“This was a good-old fashioned breakdown in communication.”

Summing up the evidence, Judge Loram said the prosecution had told the jury that Clifton said: “You will be fine, you will get used to it”.

She later said she only reported what happened years after the alleged incident took place because “it took therapy for her to realise what had happened”.

The jury is expected to reach its verdict later this week.