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A former care home boss accused of raping a woman in a train toilet as his unsuspecting wife tried to open the door claims the alleged victim consented.
Timothy Davies, 45, is accused of attacking the woman as she slipped in and out of consciousness while drunk inside a cubicle on a train to Ramsgate.
Davies, who managed Durham House in Margate, run by Ethelbert Children's Service, is on trial for rape at Canterbury Crown Court after the alleged attack on the Southeastern service in 2018.
Gordon Ross, defending, asked the alleged victim: “He didn’t rape you did he? You had consensual sex in that toilet didn’t you?”
The barrister claimed CCTV footage showed the woman passively walking with Davies and his wife after the alleged attack.
“You were aware of what was happening weren’t you?,” Mr Ross said.
“No I wasn’t,” the woman replied.
Giving evidence from behind a screen she maintained Davies attacked her while she was too drunk to defend herself.
Asked about her frame of mind at the time of the alleged attack, she said: “I just felt really sick and disorientated and dizzy,”
Opening the case, prosecutor Christopher Hewertson told the jury: “What both parties agree is that she feels distinctly ill.
“He has clearly locked the door in the cubicle in the course of her being ill, in the state of that intoxication.”
CCTV played in court showed Davies leaving the table where he was sat with wife Cheryl, and go with the drunk woman to the toilet.
When the pair leave the camera shot, his wife can soon be seen pacing up and down the carriage, seemingly looking for her husband.
She even stood outside the cubicle and tried the handle as the reported attack unfolded.
'I remember saying to him ‘I know what you did’'
The court heard the alleged victim became ill after too much alcohol following a night out.
She added she awoke in the toilet during Davies’ alleged attack.
Excerpts of her police interview read in court said: “He was having sexual intercourse with me. I didn’t ask him to, I don’t remember anything other than that.
“I remember saying to him ‘I know what you did’ and ran away (when the train stopped).”
Davies, of Lorina Road in Ramsgate, denies one count of raping a woman over the age of 16.
The trial, heard by Recorder Stuart Trimmer QC, continues.
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