Colchester man Shaun Western convicted of rape in 2018

Shaun Western fled a flat in the city when his victim woke up and started screaming “get out, get off” in 2018.

Witnesses told a jury at Chelmsford Crown Court the complainant had been put to bed with a sick bowl next to her and had been “nine and a half out of ten drunk”.

Western, of Edward Paxman Gardens, Colchester, denied rape but was convicted after the jury returned an 11-1 majority verdict following just seven hours of deliberations.

Night out - the pair spent a night together in Walkabout (Image: Newsquest)

He will now be sentenced at the same court on May 2.

Western and the victim had been on a night out in Walkabout, in Head Street, before the pair went to a friend’s house after the bar closed at about 2am.

Read more from the trial:

• Woman 'cried hysterically' after waking up to find man raping her, court hears
• Man who denies rape told police woman 'switched' after 'falling asleep during sex'

The jury was told the complainant was “intoxicated to the extent she was falling over on the way home”.

She was then put to sleep with a sick bowl placed beside her on the bed while her friends retired to the living room.

Conviction - Chelmsford Crown Court (Image: Archant)

But when the victim woke up she found Western on top of her, having sex with her.

Christopher Kerr, prosecuting, said: “She thinks that was what woke her up.”

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The prosecutor said the victim began to protest, so Western “jumped off, started pulling his trousers on and said something like ‘you wanted this’.”

Western fled the flat as others rushed into the room to investigate and found the woman “crying hysterically”.

Incident - the pair spent a night together in Walkabout before leaving in Head Street

The defendant claimed to the police during an interview that the pair initially started having consensual sex before the victim “began to drop off again” so he “got off her”.

The jury rejected the notion the sex was consensual.

Western was released on conditional bail, compelling him to live and sleep at his address in Colchester and to report to Colchester police station twice a week.

Judge Timothy Walker said: “If you breach those conditions you will most likely be sent to custody.”

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