Alleged rapist told victim he was an ‘illegal’ before attacking her, court told

The park in Skegness where the alleged attack took place
The park in Skegness where the alleged attack took place - Alamy/LH Images

A man accused of raping a woman in a park told her he was “an illegal” and gave her an unknown substance before attacking her, a court has heard.

Saad Gomaa, 34, denies attacking the woman, who prosecutors say was too drunk to consent, in Tower Gardens in Skegness, Lincolnshire on June 9.

On the first day of his trial at Lincoln Crown Court, the jury heard that Mr Gomaa had been sitting in the park that evening when he saw the woman enter at around 10.15pm.

Clive Stockwell KC, prosecuting, explained the woman, who is not from Skegness, had consumed a bottle of vodka and had been turned away from several bars because she was too drunk.

CCTV footage from the park showed the couple walking together before sitting down on a bench.

Mr Stockwell told the court it “became clear to [the woman] that the man was not English and gathered, from the word he used, that he was ‘illegal’.”

‘Used her disability to his advantage’

He said: “At some stage, she remembers the defendant giving her a drink from a phial, like a test tube, but she does not know what it was or what effect it may or may not have had on her.

“But all the while she was telling him that she didn’t want sex with him.

“She was in no fit state to fight him off or draw any attention to what was happening. Sadly she had, in effect, disabled herself by the amount of drink she had consumed.

“The prosecution says the defendant used her disability to his advantage by raping her.”

After the alleged attack, CCTV footage showed the man leaving and the woman then called the police.

Mr Stockwell said: “It wasn’t too long after that call, the police found her. She was in a very drunk and distressed state at that time.

“In that state in which the officers saw her for safeguarding reasons they arrested her on a charge of drunk and disorderly.”

Mr Gomaa, whose address was previously given as the County Hotel, North Parade, Skegness, was later arrested on suspicion of rape.

During police interviews, which were assisted by an Arabic interpreter, Mr Gomaa claimed they had consensual sex.

‘The issue is of consent’

Mr Stockwell said: “His case is that she fully consented to sexual intercourse with him. In short, he did not rape her.”

He went on: “Their accounts are polar opposites. The issue is of consent. Consent is given when someone agrees by choice to have sexual intercourse.

“When someone agrees by choice and has the freedom and capacity to make that choice.

“Members of the jury, this is a case where we say that sex was taken by the defendant rather than agreed on.

“This was rape, pure and simple.”

In her police interview, the woman said the man “just appeared”.

“He wasn’t English,” she explained. “I remember at some point when I was on the floor I was trying to engage in conversation with him.

“I was asking him if he was legally here. I remember that question He said ‘illegal, illegal’.”

Mr Gomaa denies one count of rape and the trial continues.

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