A TRURO man has been found not guilty of raping a woman after a night out.
Carlos Roche, aged 36, of Moresk Road, went on trial at Truro Crown Court accused of raping and sexually assaulting the woman in December 2012.
Jason Beal, for the prosecution, told the jury that the alleged victim, who cannot be named for legal reasons, had fallen asleep on Mr Roche's sofa when she woke up to find him behind her, and that he raped her.
Mr Roche denied charges of rape and assault by penetration, telling the jury that they had consensual sex.
The jury heard that Mr Roche's partner had been in the house at the time.
In summing up the case for the jury Nick Gerasimidis, defence counsel for Mr Roche, posed a number of questions and pointed out inconsistencies in the accounts the woman gave to medical staff and police officers.
Mr Roche told police the woman had initially been "making all the right noises" but that after they started to have intercourse she turned round and said words to the effect of: "We can't do this."
Mr Roche told police he realised they both had partners, and stopped. The woman claimed she had been asleep and woken up to find Mr Roche assaulting her but her body and mind had frozen and she had not said anything or moved.
Mr Gerasimidis asked: "Why in fact didn't she say or do anything at the time, and yet later she screamed the house down?"
He said the woman had no reason to be afraid of Mr Roche.
Mr Gerasimidis said Mr Roche was "bitterly ashamed" of what he had done but that he had always been consistent in what he had told the police about the incident.
He said: "Of course he had slipped up, hadn't he, even if this was consensual?
"As I have indicated, he is not proud of what he has done."
However, that was not a reason to convict him of rape, he added.
On Thursday afternoon, the jury returned unanimous not guilty verdicts on both charges. Mr Roche wept as he left the court.