You really couldn’t make this up.
A property developer has been cleared of raping a teenager after saying he may have accidentally penetrated the alleged victim when he tripped up.
Ehsan Abdulaziz, 46, was accused of forcing himself on the 18-year-old while she slept on a sofa at his flat in Maida Vale, West London.
The court heard that he had already had sex with the girl’s friend, 24, and that he might have slipped over on top of her when his penis was poking out of the top of his underwear.
They had met at the Cirque le Soir nightclub on August 7 last year and Mr Abdulaziz already knew the older woman.
He invited them back to his flat in his Aston Martin and he gave them vodka before having sex with the 24-year-old.
The teenager claimed she woke in the early hours with Abdulaziz on top of her forcing himself inside her.
Abdulaziz said he had accidentally fallen on the youngster as she tried to seduce him, and that was how traces of his DNA came to be in her vagina.
He said he had gone to wake her to offer her a T-shirt to sleep in or a taxi ride home, but she had pulled him on top of her and placed his hand between her legs.
The jury acquitted Abdulaziz of one count of rape after just 30 minutes of deliberations.
In his evidence, Abdulaziz demonstrated how the complainant had put her hand behind his head to pull her towards him, causing him to fall down.
‘I’m fragile, I fell down but nothing ever happened, between me and this girl nothing ever happened,’ he insisted.
He said it was possible he had semen on his hands after the sexual encounter with her friend.
Abdulaziz was cleared of one count of rape.
During the trial, Judge Martin Griffiths permitted the rare step of allowing 20 minutes of Abdulaziz’s evidence to be heard in private.
During the trial, prosecutor Jonathan Davies said: ‘You’re 45 and you know there was a you knew there was a young girl sleeping in your living room and it was okay for you to walk in there with your penis sticking out of the top of your pants?
‘You’ve said that you may have walked into the living room with your penis sticking out of your pants.’
Abdulaziz replied: ‘I didn’t go in there to have a conversation, I just went in there to switch off the TV and have a glass of water.’
‘It’s my place,’ he added.
‘Did you not think to adjust yourself? You were standing in your pants by this young girl’s face tapping her shoulder?’
Abdulaziz claimed the alleged victim had immediately tried to seduce him as soon as he tapped her on the shoulder, and had kissed him on the mouth.
He said that he fell on top of the girl when she pulled his head towards her to kiss him, and that’s how is semen came to be in her vagina.
‘She woke up with a giggle in her eyes, that was in her eyes and in her smile.’
‘You must have resisted and pulled back,’ Mr Davies said.
‘I didn’t, I didn’t – I can’t lie, I’ve never lied in my life.’