She did a limited attempt to push him away but she remained lifeless.”
Mr Richards said, in a bid to get him to stop, the complainant asked him to put a condom on which led him to go back to his room and return with the contraceptive before continuing with the alleged rape.
Mr Richards said: “We are all entitled to do what we want with out bodies, we are entitled to decide whether we have sexual intercourse, that is what is meant by consent.
“Both of them had been drinking that night, drunken consent is nonetheless consent provided the complainant has not lost the capability to choose to have sex.
“The prosecution case is that she didn’t consent at all, it is the prosecution case the defendant knew full well she had been drinking. “
He knew she was drunk and that her passivity didn’t reflect a choice she had made but the