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Daniel Arber claims alleged rape victim was 'sleepy' and 'staggery' after sex in bushes on night out in Folkestone

The supermarket worker accused of raping a drunken woman denied taking advantage of her.

Daniel Arber told a jury today: "I'm not disputing that she was drunk but not over drunk. She was more sleepy."

Arber claimed they began kissing after meeting in a bar in Folkestone and began kissing after sitting on a bench.

The alleged victim had been drinking at the Scuba Bar in Folkestone. Picture: Google Street View
The alleged victim had been drinking at the Scuba Bar in Folkestone. Picture: Google Street View

"There was a conversation between us .She did say she liked me.”

Arber, of Morehall Avenue, Cheriton, has denied 10 sex offences including rape whil;e the alleged victim was too drunk to consent.

He admitted having sex with the woman, who had earlier downed a bottle of Southern Comfort before having more drinks at The Office Bar and Scuba Bar in the town.

But the 37-year-old denied taking advantage of a woman who had a blood alcohol per centage of 219 mg.

The jury at Canterbury Crown Court heard that some who had drunk that much alcohol could lead to “a loss of inhibitions, judgement and self-control.”

Prosecutor Dominic Connolly added that that level could also impair memory, comprehension and “some loss of coordination.”

A taxi driver, who alerted police, said he saw Arber dragging the woman through Folkestone streets "like a rag doll".

Canterbury Crown Court
Canterbury Crown Court

But Arber said he had sex with her on a concrete surface and then in bushes.

He claimed that as they walked towards the Hotel Burstin, the woman ask him to have sex with her and they did so near a bin area.

"She didn't complain of any discomfort or pain... none at all, “ he said.

Police officers had quizzed him after being alerted by the taxi driver.

Arber claimed that after the sex between them she became "staggery but still talking and we had sex in the bushes".

After taking money from a cash machine he returned to find her lying on the floor "as if she was sleeping".

"I told her I couldn't leave her and I had to try and get a taxi to take her home. At the taxi rank she was making herself sick and the police then arrived.

Arber claimed the two had sex on three separate occasions as they walked through town.

He said: "There was touching and kissing but I didn't lead her nowhere."

CCTV images, shown to Arber, appeared to show the woman to be staggering along the street in Folkestone.

He added: "She still knew what she doing."

The jury also saw images of the woman missing a shoe and her skirt above her hips

In Castle Hill Drive the two are seen to be walking to a secluded area.

Arber added: "We were both going there. I didn't lead her there in order to have sex. I never took advantage of her."

The trial continues.

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