Rape of pregnant woman denied by two

Press, 11 February 1986, Page 4

Rape of pregnant woman denied by two

The trial of two young men on two charges of raping a pregnant woman, aged 20, in an inner-city flat where she was staying alone for the night, began before Mr Justice Hardie Boys and a jury in the High Court yesterday. It is expected that the case will finish today. David Baxter McCreath, aged 26, and Stephen Bruce McClintock, aged 20, both unemployed, have each denied two charges of raping the same woman in the early hours of September 28.

Mr S. C. Barker appears for McCreath and Mr G. M. Brodie and Mrs A. M. Buchanan for McClintock.

Opening the case for the Crown Mr B. M. Stanaway said that in written statements to the police both accused admitted having sexual intercourse with the woman only once but with her consent. McCreath said that the woman had sat on his lap and then took him by the hand into the bedroom. Then McClintock was invited into the bedroom and had intercourse with the woman after McCreath got out of the bed.

The Crown said both accused raped the woman twice after violence and threats of violence, Mr Stanaway said.

A woman said in evidence that on the evening of Friday, September 27, she went to the Cave Rock Hotel with a male friend about 7.30 p.m. She drank only soft drink because she was pregnant. They arrived back at the flat before midnight and her friend came in for about 15 minutes. A couple normally lived in the flat but they were not coming home that night.

Her friend asked her if she would be all right and she told him she would be so he went home. She locked the doors and went to bed. She had on a blue night-dress with a flower on the side and knickers.

Awoken by knocking on the door and window she got out of bed and asked who was there. A voice replied: “Dave McCreath” and she let him in because she knew him. He was accompanied by McClintock whom she had never seen before. They were introduced.

The men asked her to make them a cup of coffee but she found that there was no milk and they told her not to worry about it. When she went to get her cigarettes from the bedroom she discovered McClintock. She asked him what he was doing on her bed and he replied that he was going to sleep with her. She had replied: “If you are going to sleep in my bed I will sleep in the lounge.”

After she sat on a chair in the lounge both men grabbed her, the woman said. She felt sick. McCreath had her in a headlock with her arms pinned so that she could not move while McClintock indecently assaulted her with his hand. When McClintock tried to remove her panties she told them that if they did not leave her alone she would scream. They kept on and she screamed for help in the hope that the neighbours would hear her.

McCreath hit her on the face and jaw and put his hand over her mouth. She was struggling and kicking as they picked her up and carried her into the bedroom. She could not walk because she was pregnant and felt sick.

They put her on the single bed and McCreath got on top of her. McClintock took her panties down and McCreath had sex with her while McClintock held her legs. She did not consent to intercourse and struggled.

Then McClintock had sex with her while McCreath held her legs.

“I told them that I did not want to have sex with them but they just did it,” the woman said. Both men had sex with her for a second time. At one stage she made an attempt to escape but they “just got her back down again.” Every time they did it they had their hands over her mouth so that she could not scream. McCreath threatened to break her legs if she did not co-operate. While it was happening she was crying and struggling and felt stiff and sore. Before the two men left they told her not to take them to court because they would deny every-

thing. They asked her if she was going to ring the police and she told them that she would not because she was scared. One of the accused stole her cigarette lighter and they both helped themselves to her cigarettes.

As soon as the men left she telephoned a woman friend and then spoke to a man who came on to the telephone and advised her to contact the police. She rang another woman and was told the same thing. She then advised the police.

Asked why she did not get in touch with the police immediately the woman said that she was not “thinking straight.” To Mr Brodie, the witness said that she had struggled as hard as she could from the time she was grabbed in the chair. She had pointed out to the doctor where she had been punched on the jaw.

When McClintock took her panties off she was disgusted. She kicked and tried to push him away. To Mr Barker the witness said that she knew McCreath.

Dr Margaret Metherell said that she examined

the woman about 3.30 a.m. on September 28. She had suffered two minor injuries. Her findings were consistent with recent sexual intercourse. To Mr Brodie the witness agreed that there were not many injuries and they were not consistent with a prolonged struggle. A man gave evidence of being at a house of a woman known to the complainant, when the complainant telephoned about 1.10 a.m. He was asked to speak to her and she said she had been raped by two men. She did not mention their names. She was crying.

She said she had not called the police because she was frightened the men might return. The witness suggested she call the police and the complainant said she would think about doing so.

He spoke with her about 30 minutes. Asked in cross-examina-tion by Mr Brodie whether the complainant was reluctant to call the police the witness said she seemed worried that the two men would return and beat her up.