The Tribune

By PAVEL BAILEY

Tribune Staff Reporter 

pbailey@tribunemedia.net 

A WOMAN testified yesterday that she woke up to a man on top of her as the trial into her alleged rape in Andros in 2022 continued.

The complainant, whose name is being withheld to protect her identity, testified in the rape and burglary trial of 27-year-old Garnet “GJ” Thompson Jr before Justice Guillimina Archer-Minns.

Prosecutors allege Thompson broke into the complainant’s Cargill Creek, Andros home on the night of November 18, 2022 and raped her. She was 27 at the time.

The victim said she woke up to the defendant on top of her. She said that as she shoved him off, she felt his penis in her vagina.

The defendant allegedly cursed as he was pushed away and stumbled back into a corner.

The victim said she did not know how long the defendant had been inside the home, but that he fled after the incident.

Under questioning from defence attorney Nathan Smith, the victim said she was close with the defendant and had known him for 20 years. She said he was probably her distant cousin.

She told Mr Smith that she and another cousin had hosted a grill out that started at 6pm the evening before the alleged rape. She said they went to Killa’s (James Bodie) bar around 9pm.

She said she told the defendant at the bar not to bother any of the girls as he was not supposed to be there. She said she was looking out for him.

After arriving home at 12.15am, the victim said she spoke briefly with her mother, got some water, checked the windows and went to bed.

In her room, she watched a Lifetime movie on YouTube while lying on her side before falling asleep. She estimated she slept for 30 minutes to an hour as the movie was still playing when she woke up with the defendant on top of her.

The victim told Mr Smith that she had nothing to drink that night.

When asked whether she felt the defendant move her onto her back, she said she was a deep sleeper, though it was possible she turned over herself.

She recalled the defendant wearing a bright yellow shirt and that his pants were down while he was on top of her.

She said it was incorrect for Mr Smith to suggest she had invited the defendant to watch a movie that night or permitted him to wash dishes in their house.

She also rejected suggestions that she put her legs over the defendant’s shoulder, or that she mistook him for her boyfriend. She maintained that he had sexually assaulted her and did not have permission to be in her home.

The victim told prosecutors she had been wearing a T-shirt and a panty at the time of the assault, which police collected in a plastic bag.

Responding to a jury question, the victim said her mother had told her the defendant had been inside the house two nights before the alleged rape.

The victim said the defendant appeared stunned when she woke up, and that they locked eyes. She said she did not feel his weight on her until she woke.

Detective Corporal Dario Stubbs testified that he interviewed the defendant on November 22, 2022. DC Stubbs said the defendant, whom he identified in court, denied the allegations.

DC Stubbs said that during the interview the defendant said it was untrue that he entered the residence through a broken back door. The defendant claimed he entered through the front door carrying dishes from the grill out and fell asleep inside the home.

While reading Thompson’s voluntary statement under caution, DC Stubbs said the defendant claimed he went into the complainant’s room later asking where his glasses were. He claimed she “played dumb” and that he began watching a movie with her while he sat on the floor.

Thompson claimed the complainant threw her legs over his shoulder and that he moved them away. He claimed that when she did it again she yelled at him, saying she thought he was her boyfriend. He claimed she ran out and told her mother that he had raped her.

DC Stubbs told Mr Smith that he cautioned the defendant only for the rape charge. He agreed that the defendant was cooperative and gave blood for DNA analysis.

Dr Marlon Moxey testified that he examined the victim at the Fresh Creek Clinic on November 18, 2022. He said the alleged assault occurred at about 1.30am and his examination, using a rape kit, occurred at 11.45am.

Dr Moxey said the complainant admitted bathing and urinating after the assault. He said she told him the defendant put his penis in her vagina and did not use a condom.

He said there were no injuries to the complainant’s privates that resulted in bleeding.

He recalled the victim saying her assailant was a distant relative and that he caressed her face and whispered “this is GJ” during the assault.

Dr Moxey said the complainant appeared agitated, shocked and frustrated during the examination but was dressed appropriately. He said her hymen was not intact, indicating that she may have had sexual intercourse before.

While he said the pelvic examination was normal, he noted this did not preclude a sexual assault from having occurred.

He said in his opinion the collection of samples would have been compromised because she had cleaned herself.

He told Mr Smith there were no marks or bruises on the complainant.

The prosecution closed its case after Dr Moxey’s testimony.

Kristin Butler-Beneby and Betty Wilson are prosecuting.