A MAN raped a woman while she slept at a home after a night out, a court heard.

Michael McDonagh, 23, of Gifhorn Road, Canvey, is accused of attacking a woman after they ended up at the same house on Canvey following a night out on the island.

He denies the charge.

The court heard the complainant had been on a night out with friends.

McDonagh had also been on a night out and both ended up back at a house when a bed was made up for her to stay.

Katherine Davey, prosecuting, said: “There is no dispute that there was sexual intercourse but the dispute is whether the complainant consented and whether McDonagh had a reasonable belief that she did.”

Ms Davey told the court McDonagh tried to kiss the complainant while she lay on a bed.

She said the complainant immediately told him “no” and she went back to sleep which is when the attack is said to have happened.

The jury was shown an interview by the police with the complainant as the trial opened at Basildon Crown Court yesterday.

During the video she told police she had been on the phone.

She said: “He leant over and said who’s that and I said it was my mum and as soon as I put the phone down that’s when he was trying to kiss me and I said ‘no - go to sleep’.

“He was grabbing my face.”

The jury, of three women and nine men, heard the complainant fell back asleep but later was woken up by McDonagh raping her.

In her police interview, she said: “The next thing is I feel pressure but I couldn’t move. “He was grabbing my shoulder and making noises.

“He said ‘but you like it - come on, don’t be boring’ and I told him to stop and I just wanted to sleep’.”

She told the court she tried to push him off and eventually managed to stand up.

She added: “He was completely naked playing with himself and said ‘are you going to finish me off ?’ and I said ‘no are you mad?’.”

Ms Davey told the jury: “You don’t need me to tell you that if someone is sleeping they cannot consent.

“She said ‘stop, get off, don’t, leave me alone’ - all phrases that are unambiguous.”

The court also heard about text messages sent by McDonagh which were read to the court.

They stated “please just come back” and “promise I will sleep - I hate sleeping alone” and “we can just sleep - I won’t try anything”.

Texts from the complainant stated: “No because I said that so many times and you just kept taking advantage. No means no. You know I’m drunk. I said no so many times but you just kept pushing.

I’m staying out here.”

McDonagh denies one count of rape following the alleged incident in 2017.

The trial continues...