A MARRIED restaurateur was accused yesterday of raping a woman while his wife slept in the next room following a drinking session.
Mark Hird, 28, is alleged to have had sex with the 37-year-old after she stumbled up to bed after being taken ill during a late night drinking session.
Newcastle Crown Court was told how Hird took advantage of the woman's state and forced himself on her on June 22 last year.
Christopher Knox, prosecuting, told the court: "It would seem that, whether because of drink or whatever, the woman became unwell. She went to the toilet and was sick.
"She was in there for some time, clearly in a particularly poor way. Whether this was because of drink or something else we do not know.
"She went to bed and had some recollection of being in the bedroom and taking off her skirt, then crashing out."
The court heard how the next thing the woman knew was feeling that someone was having sex with her.
Mr Knox said: "The prosecution do not allege this was a violent attack - this man took advantage of a woman who was clearly not well."
The woman reported the attack to the police and Hird, of Burdon Hall, Burdon Village, Sunderland "emphatically denied" anything had taken place between them.
However, after his DNA was found on a swab taken from the woman, the father-of-one changed his story and said consensual sex had taken place.
He told police he had lied because he felt "embarrassed".
He denies rape and the trial continues.
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