Woman suing ‘rapist’ for £100,000 after criminal case against him was found ‘not proven’ weeps as she describes attack on her on night that she downed cider, wine and champagne mixed with vodka
- The alleged victim is seeking £100,000 in damages from Stephen Coxen
- Coxen, 23, denied raping her and was cleared by a jury in November 2015
- Now his alleged victim has launched a civil action against him in Scottish courts
- She wept in court as she recalled details of alleged attack in September 2013
Stephen Coxen, from Bury, Lancashire, who is being sued in a landmark legal case being heard in Scotland
A woman who is suing a man cleared of raping her wept in court today as she recalled details of the alleged attack.
She is seeking £100,000 in damages from Stephen Coxen, 23, from Bury, Lancashire, in a landmark legal case being heard in Scotland.
Coxen denied raping the woman in St Andrews, Fife in September 2013 and a jury found the case against him not proven in November 2015, which in Scotland is an acquittal.
Now his alleged victim has launched a civil action against him which is being heard at the Personal Injury Court in Edinburgh.
The woman, known only as Miss M and who can’t be identified for legal reasons, told the court that during a night out at a student party and a nightclub she drank a four cans of cider, a bottle of rose wine, a bottle of champagne and three glasses of sparkling wine which were mixed with vodka.
She told Sheriff Robert Weir QC that she awoke in her bed to find a man she didn’t know having sex with her.
She said that he still continued to have sex with her when she was crying. Miss M also told the court that he forced her to perform a sex act on him and that he only stopped when he noticed blood on the bed.
She said: ‘I was lying on my bed when I came around. I sort of was aware what going on from the off in the sense that I didn’t have any clothes on. I was upset.
‘Within a second I realised there was somebody on top of me. I suppose that person was having sex with me.
Mr Coxen denied raping the woman in St Andrews, Fife in September 2013 and a jury found the case against him not proven, which in Scotland is an acquittal
‘I didn’t say anything. I couldn’t shout out. I couldn’t say anything.
‘The person was naked as well. I felt sick. I was lying down on my back. I found it difficult to breathe.’
Miss M accuses Coxen of raping her and injuring her tongue and has been granted funding to cover her costs by the Scottish Legal Aid Board.
On Tuesday, Miss M told the court how the attack happened whilst she was studying at St Andrews University.
During Freshers Week 2013, the woman told the court that she attended a party at a friend’s flat.
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The woman told the court that she left the party and attended the students union at St Andrews University before going onto a nightclub called the Lizard Lounge.
The woman said she had problems recollecting what happened after going to the club. But she said the next thing she could remember was being outside her house.
The woman told the court that she thought she was with a male friend. But she said she realised that she didn’t know who the man was.
She added: ‘My friends had Scottish accents but the person’s accent wasn’t Scottish. It was an English accent. It was a Manchester accent but I can’t be certain.
‘I became quite panicked when I realised I didn’t know who the person was.
‘The person was tall and dark hair.’
The woman said she repeatedly buzzed the door entry to her home and she said she hoped her flat mates would let her in. But she said her flatmates didn’t answer.
The woman told the court that she dropped the keys to her property in the street. Miss M said the person she was with took the keys.
She added: ‘My hand was pushed out of the way and the person picked up the keys. I was quite afraid.’
The woman then told the court that the next thing she remembers was that a man was having sex with her.
She said: ‘I tried to push on his chest. But I couldn’t do anything.’
The woman said that the man then put his hand on her face and started squeezing. She said she felt ‘so scared’ at this point.
Miss M then said that the man then forced her to perform a sex act on him. She then said the man stopped after seeing blood on the bed and on a nearby window sill.
She added: ‘He said ‘what the f**k? That’s disgusting’. He said ‘I thought you were alright.
‘He got up straightway after that. I remember he was trying to find his trousers.’
The woman then told the court that she had sustained an injury to her tongue which later required to be operated on.
Mr Coxen contests the action. The hearing, believed to be a first of its kind in Scotland, continues.
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