A MAN accused of raping a sleeping woman told police “one minute she was up for it, the next minute she was completely clueless about it”.

Shaun Western, 23, said he was “confused and panicking” when he fled a flat in Colchester in the early hours of a morning in 2018.

In a police interview played for a jury at Chelmsford Crown Court, Western described how he had shared a kiss with the complainant in the smoking area of Walkabout bar, in Head Street, earlier that night.

He said he was invited back to a flat, describing the woman as “7 out of 10 drunk, at a mellow, jolly stage”.

Western told police the complainant went to bed in a spare room and he joined her “to keep an eye on her and keep her company”.

He said he got into bed with her while she slept, but alleges she woke up and the pair began to talk.

“She was talking to me and we were having a conversation, talking about obviously having sexual intercourse," he said.


He said they were “cuddling” under the covers and the complainant asked him ‘are we going to do this?’.

He added: “I said, ‘well it’s up to you’, because obviously it’s her choice, it’s not mine is it?”

Western told police the complainant said ‘yeah, we can do’.

He said: “When she said that, I asked again ‘are you sure’, and she said ‘yeah’. In my eyes, that’s consent.”

Western said he got on top of the complainant and began having sex with her, but she began to fall asleep, so he “got off of her”.

“That’s when she woke up again and said what she said,” he added.

Western said she “switched” from how she was when he “got on top of her”.

He added: “It was more confusing than anything, considering one minute she was up for it, then the next minute she was completely clueless about it.”

For news updates straight to your inbox, sign up to our newsletter here

He said he fled the flat to “excuse himself” from the situation.

“I’m more the type of person to solve conflict than start it,” he added.

Western, of Edward Paxman Gardens, denies rape. 

The trial previously heard the complainant was heavily intoxicated when she was put to bed by a friend following a night out. 

She told police she awoke to Western raping her, before she shouted at him and he fled.

A trial, which is expected to conclude on Friday, continues.