Men accused of sexual assault as woman slept
- 7 January 2013
- From the section NE Scotland, Orkney & Shetland
Two men have gone on trial at the High Court in Aberdeen accused of sexually assaulting a woman as she slept.
Daniel Clark and Michael Fyffe, both 21, are also alleged to have assaulted the woman by putting substances including shaving foam, moisturiser, and cheese on her while she was asleep at a countryside property.
It is claimed they assaulted her when she was under the influence of alcohol and then took photographs.
The men deny the charges against them.
The men, both from Kemnay, are accused of sexually assaulting the woman, who cannot be named for legal reasons, on 9 October 2011.
Mr Fyffe is also alleged to have raped her while she slept.
Giving evidence, the 27-year-old woman told the court she had been out celebrating a friend's birthday on the night of the alleged attack.
She said she had been drinking at a nightclub then left in a taxi to go to her friend's flat.
She said she couldn't remember anything that happened later that night and woke up at her mother's in a confused state the following day.
Advocate Depute Leanne Cross asked: "How did you feel when you woke up?" She replied: "Terrible and confused and scared."
Ms Cross asked: "How did you feel physically?" She replied: "Just feeling awful, quite sore all over. My legs were bruised and I had a sore back. I just felt really terrible."
The court heard she struggled to piece together what had happened to her and was then contacted by a friend a few months later who called round at her home and asked to speak to her.
Ms Cross asked: "Did she tell you that she had heard that there was a possibility that something of a sexual nature had happened to you." The woman replied: "Yes."
The alleged victim lodged a complaint with police. She was then visited by officers who had uncovered some photographs during their investigations in February last year.
The woman sobbed as the images were shown to the jury in court.
One showed the alleged victim sleeping and another was a close-up shot of a face with a substance on it.
Ms Cross asked: "Did you give your consent to this photo or any of these photographs being taken." The woman replied: "No."
The trial continues.