The victim of an alleged rape at an Indian restaurant in Aberdeen has no recollection of the incident, a court has heard.
Mark Caine is on trial at the High Court in Aberdeen, accused of pulling the woman into a toilet cubicle in the former Cinnamon restaurant in Union Street and assaulting her.
The Crown alleges she was drunk and incapable of giving or withholding consent.
The charge also alleges the woman, who cannot be named for legal reasons, was “intoxicated with cocaine”.
Caine, of Ritchie Place, Aberdeen, denies the charge.
Giving evidence yesterday, the woman admitted she had taken the drug but said it had been days before.
Asked by advocate depute Allan Nicol QC, prosecuting, if she had consensual sex with Caine, she said: “I know I never said yes. I know I would not have.”
The jury heard the 22-year-old had been at a house party on February 11 last year before going for drinks at club Prohibition and on to Rainbow Casino.
She later went to Cinnamon after-hours, but told the court she could not really remember what happened after the casino.
Sujath Ali, who was in the restaurant at the time, said everyone was “around the same level” of drunkenness, describing them all as “jolly”.
He and chef Khalis Miah both described the woman and 40-year-old Caine as looking “comfortable” in each other’s company.
Both had only met him that night.
Mr Ali said the alleged victim had been “dancing flirtatiously” in the restaurant and added: “I am confident to say they had their arms around each other.
“To cut to the chase, they were very comfortable with each other.”
A friend of the alleged victim was also in the restaurant and told a court she heard noises coming from a staff toilet cubicle and had joked to others they were “having a good time”.
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Concluding they had sex, she confronted Caine, claiming the woman was “too drunk”.
“She was beyond drunk,” she told the court.
The next morning, the women called the police.
PC Nicola Murray told the court the woman was “extremely distressed” and “appeared intoxicated with slightly slurred speech” when she arrived.
However, when taking her for forensic testing, she noted the woman and her friend were “talking normally and laughing” while discussing how her boyfriend – who she had argued with – would find out.
The court also heard the alleged victim’s friend had contacted prosecutors six months later, revealing doubts about her claims.
She told the court: “I was not 100% sure a rape had taken place.
“I know she had a boyfriend. It did not make any sense to me.”
The trial, before Lord Armstrong, continues.
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