A MAN accused of taking advantage of a drunken nightclubber by raping her said it was she, in fact, who took the lead.

Kristopher McLaren is accused along with Craig Whitelaw of attacking the complainant in an alleyway near Club Amadeus, in Northallerton, North Yorkshire, but says she instigated sex.

The 21-year-old admitted the woman had been struggling to walk, but he blamed this on her stiletto heels.

Mr McLaren initially told police that he “saw what went on, but had no part in it”. However he admitted he had lied when first quizzed and later changed his account.

Prosecutor Paul Newcombe said he only did this when forensic evidence emerged showing he had intimate contact with the complainant.

Mr Newcombe said: “You thought you could lie your way of out of this didn’t you?”

Giving evidence in his trial at Teesside Crown Court, Mr McLaren said: “I never imagined that this would end up in a court because I knew I had done nothing wrong.”

Mr Newcombe said that DNA evidence had “trapped” the defendant, who realised he could not stick to his original account.

The barrister played CCTV footage to the jury which showed the complainant unsteady on her feet as she chatted with fellow clubbers in a toilet, ten minutes before she had a “threesome” with both defendants.

He said: “You are saying she was running the show in that back alley. It is a lie isn’t it?

“She is evidently and clearly the worse for drink and you could see that couldn’t you?”

Mr McLaren said: “She was drunk, but not out of control.”

Mr Newcombe said the alleged victim was struggling to walk to which Mr McLaren replied: “Possibly, but she had quite big heels on.”

CCTV was also shown of both defendants with the complainant outside the nightclub. Mr Whitelaw had his arm around her, while Mr McLaren had a hand on her shoulder “to prop her up”, said Mr Newcombe.

He said: “Somebody is taking somebody to that alleyway.”

Mr McLaren said: “I don’t agree. Neither of us knew where the alleyway was.”

Mr Newcombe said the defendants were engaged in a joint enterprise and accused Mr McLaren of “not caring two hoots” about the alleged victim who was left bleeding and dishevelled after the encounter.

Mr McLaren said the complainant was walking fine and he simply wanted to go home.

He said he did care if she had consented to sex and believed she had. He said: “Morally I may have been wrong, but legally I did not commit a crime.”

Mr McLaren, of Rymer Way, Thirsk, and his co-accused 21-year-old Mr Whitelaw, of Ivy Cottage, Sutton, both deny two charges of rape on August 9 last year. Mr Whitelaw also denies sexual assault. The trial continues.