A JURY in a rape case has retired to consider its verdict.
Keith Lupton, 46, of Hepscott Avenue, Blackhall Colliery, County Durham, is on trial at Durham Crown Court.
He is accusing of raping a woman in her flat in Peterlee, County Durham, on July 6.
The prosecution said she woke to find him having sex with her in her bed after a drinking session.
The court heard he had initially been in bed with her niece.
Robin Denny, in defence, said: “This case lacks charm. It is sordid whichever way you look at it.
“But you must remember this is not a court of morals, this is a court of law.
“You must only return a verdict of guilty if he is guilty of rape.”
The jury was told that Mr Lupton was arrested later that day by police after the woman told a family member she had been raped.
She said: “I was absolutely devastated because he had been on top of me with no clothes on me.
“I felt violated.
“I felt terrible that it happened because my niece was there and he had been with her and then came in and did that to me.”
When Mr Lupton was interviewed, he said he had sex with the complainant because she encouraged him after he went into the wrong bedroom in the middle of the night.
During his trial, he said no intercourse had taken place, despite attempts by the victim to arouse him.
Judge Christopher Prince said: “This is a serious allegation and this sort of allegation of sexual offending can give rise to emotion, but emotion is the enemy of reason. You have two completely different accounts of what happened in the bedroom and you have to decide who is being truthful.
There is no room for mistake.”
Mr Lupton was remanded into custody until tomorrow, when the jury will resume deliberations.
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