Poole rape accused tells court sex was consensual

Hasan Kyoybasha is on trial at Bournemouth Crown Court accused of rape and sexual assault by penetration against a woman in September last year.

Kyoybasha, 30 and of Ashley Road, Poole, denies both charges.

As reported, prosecutors allege that the defendant followed the complainant in the early hours on Sunday, September 5, 2021, before committing the sex attack in an outside area near Poole Road, Branksome.

Giving evidence in court on March 11, Kyoybasha said he had sexual intercourse with the woman, who is aged in her 30s, but he said she had told him she wanted to have sex with him.

Prosecutor Tom Horder asked if the defendant dragged the complainant to the floor or if she collapsed and fell down.

Kyoybasha, speaking through a translator, replied: “She laid on the floor and then we had sex.”

The defendant denied grabbing the woman’s face while she was on the floor and told the court that she took her knickers off herself.

He said he was not looking around when it was suggested that he was scared of getting caught.

Put to him that the woman did not want to have sex with him, the defendant said: “She did.”

Kyoybasha added that “as far as I was aware she wanted to have intercourse”.

Mr Horder suggested to the defendant that the complainant had tried to get away from him a number of times that night, he replied: “She had no intentions of leaving. She was just having these peculiar movements.”

The defendant told the court that he was leaving the woman to “her own devices” but there were times that they came back together.

The complainant told police that she could remember telling Kyoybasha to leave her alone, that he was not her type and she was not interested in him.

Kyoybasha told the jury that the woman had not said any of these things. Asked what he spoke to the woman about in the time that they were in close proximity, around one hour and 45 minutes, he said they exchanged small talk.

The defendant denies both charges.

The trial continues.