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I did not consent to sex with soldier, alleged rape victim of James Walpole tells court

Maidstone crown court
Maidstone crown court

Soldier James Walpole is on trial at Maidstone Crown Court

by Keith Hunt

A teenage girl alleged to have been raped in a car park after being carried off by a soldier has denied consenting to any sexual contact.

Orla Daly, defending, said it was James Walpole’s case that he never had intercourse with the girl - but that she consented to other sexual activity.

The teenager told a jury: "I don't agree about the consent to anything. I don’t recall having sex with him."

Bouncers had asked her to leave Liquid & Envy nightclub at Lockmeadow, in Maidstone, in January because they believed she had too much to drink.

But the girl said she was not drunk and suspected her drink had been spiked.

The prosecution alleges Walpole, who was based at Invicta Park Barracks in the town, lifted the girl off her feet outside the club, carried her off to a nearby car park by the David Lloyd gym and raped her.

Witnesses claimed they saw the 21-year-old squaddie kneeling between the teenager’s legs having sex with her.

The girl said she had three double vodka and Red Bulls during the evening and then "felt funny".

After being asked to leave, she went and sat on steps outside with a friend.

"Some boy sat down next to us and started talking," she said in a recorded interview. "I was a bit wary. After that I don’t remember anything. I remember someone touching me.

"all i remember is waking up in an ambulance. i didn’t know why i was in an ambulance…” – alleged victim of james walpole

"I felt sick. Everything was blurred. I couldn’t walk properly. He got a bit touchy feely. He did touch me. I pushed him away.

"I was waiting for my lift. All I remember is waking up in an ambulance. I didn’t know why I was in an ambulance."

She described the boy who sat next to her as being "quite full on".

"I didn’t feel right at all," she continued. "My legs were like jelly. I couldn’t see straight. He put his hand up my dress. I remember pushing him away."

She added: "I have never experimented with drugs. I am not on any medication. I am on the pill and that’s it.

"I usually drink a lot more than I did last night. I will still remember everything that has gone on. I usually feel fine."

She said in evidence from the witness box: "I felt funny, I didn’t feel drunk. I felt unusual. I wanted to go home. I can’t remember walking out of the club.

"I remember sitting on the steps. I don’t remember being carried around the corner. I don’t remember being by the David Lloyd gym."

She denied putting her hand down Walpole’s trousers and carrying out a sex act.

"I would not have done that," she said. "Even if I was drunk, I am not like that. I am not that type of person. I didn’t engage in any sexual activity willingly."

She agreed tests showed she was not under the influence of any drugs at the time.

Miss Daly asked: "Are you sure you are not using this explanation of drinks being spiked to explain to your boyfriend and friend what happened outside?"

The teenager replied: "I would not do that."

Judge Andrew Goymer asked: "The suggestion is on that night you did something out of character which you are now ashamed of, what do you say to that?"

The girl answered: "I do not agree with that."

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