Rape accused claims he fell on top of 'comatose' woman

A man accused of rape has claimed he fell on top of an unconscious woman after helping her to a hotel room.

James Robb allegedly attacked the then-24-year-old at the Normandy Hotel, Renfrew, Renfrewshire, on May 14, 2019.

The 22-year-old told jurors that he aided the woman out of her trousers after she woke from a “comatose” state.

Robb also stated that he may have touched her vagina after falling on top of her.

Robb, of Aberdeen, is on trial at the High Court in Glasgow accused of raping the woman.

Prosecutors state Robb committed the act while she was intoxicated and unable to give or withhold consent.

The court heard from Robb who stated in evidence that he and two others put the woman on a wheelchair and took her to her room.

He then claimed that he was left alone with the woman who “tried to undress herself.”

Prosecutor Iain Smith said: “Although she had been passed out and one of the other women left the room, she woke up not only to try and undress herself but to agree that you should help her?”

Robb replied: “Yes” before stating that the woman then passed out again.

He stated that he assisted the woman to pull her trousers down and take her underwear off.

Mr Smith asked if Robb took them off and he said: “She took them off, I assisted taking them off after as well as her trousers.

Mr Smith said: “The evidence we have heard is she was comatose when she was left in the room with you?”

Robb replied: “Yes.”

Mr Smith followed up: “Your position is she was able to wake up and agree you should remove trousers and pants.”

Robb said: “She woke up to remove her own trousers and pants.”

He then confirmed a suggestion from Mr Smith that he fell on the woman.

He added: “I lost my footing while trying to pick her up and I used both hands to steady myself.

“I fell on top of her chest across the front of her body.”

Robb stated he put one of his hands “on the side of her and the other down the side of her leg.”

It was suggested that Robb had stated that he “could have” touched the woman on her “private part.”

Robb said: “I don’t know what I could have touched.”

Robb stated the woman’s dad entered the room and he was put against a door by him.

Mr Smith put it to Robb that he changed his position in a police interview on three occasions about whether he touched the woman or not.

Robb stated: “I had never been involved with the police and had never been interviewed.

“This was the first time I was put in a cell and questioned about accusations I have not done.

“The more I was getting questions fired at me, I couldn’t think straight.”

Robb refuted a suggestion by Mr Smith that his claims were “made up.”

Mr Smith later stated: “DNA that was yours was found inside her vagina, do you accept that?”

Robb replied: “Yes.”

Mr Smith said: “The other scientific evidence is her DNA was found from swabs take from your penis?”

Robb replied: “I heard that.”

Mr Smith asked: “The findings of her DNA on your penis was all explained by sex you had with her.”

Robb replied: “I didn’t.”

Sarah Livingstone, defending, put it to Robb that the witness who presented the DNA evidence “couldn’t possibly say” if it came from direct contact with the woman.

She added: “The witness couldn’t say whether the DNA inside came from your penis, finger or a foreign object.”

Ms Livingstone also referenced evidence from another hotel guest who claimed to have seen the woman running out the room shortly before her dad arrived.

Robb earlier stated to Ms Livingstone that the accusations have affected his work and social life.

He said: “I was trying to help someone and this is what happens.”

The trial continues before judge Sean Murphy QC.