A college student has been charged with compelling a man she met online to engage in sexual activity with her.
The court heard that Imogen Brooke, who was “far larger and stronger” than her claimed victim, got on top of him and refused to let go.
The ‘very inebriated’ 30-year-old allegedly began ‘riding’ the man whose objections went ‘into one ear and out the other’.
After 15 minutes, she got off him, rolled over, and fell asleep, leaving the ‘violated’ man – who cannot be named for legal reasons – lying in bed in shock, according to testimony at Southampton Crown Court.
Robert Bryan, the prosecutor, stated, “She drew him to her and added, “Well, you may be saying no, but your d*** is saying yes.” She stepped on top of him and yanked down his boxer briefs.
He told police investigators that she is considerably larger and stronger than he is, and that he was unable to move her. He desired for it to cease.
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He believed that saying no would suffice. Eventually, it ended, and she simply turned over and fell asleep.
Miss Brooke denies one count of engaging in sexual activity without consent.
This contrasts from the legal definition of rape, which is when a person knowingly and without consent penetrates another’s vagina, anus, or mouth with a penis.
The jury was informed that it is a’misconception’ that all victims of sexual offenses are female.
The court heard that Imogen Brooke, who was “far larger and stronger” than her claimed victim, climbed on top of him and refused to let go.
The’very inebriated’ 30-year-old allegedly began ‘riding’ the man whose complaints “went in one ear and out the other.”
Legal distinctions between sex without consent, rape, and other forms of sexual assault
Miss Brooke denies one count of engaging in sexual activity without consent.
This contrasts from the legal definition of rape, which is when a person knowingly and without consent penetrates another’s vagina, anus, or mouth with a penis.
Assault by penetration occurs when a person without consent penetrates another person’s vagina or anus with any bodily part other than the penis or with an instrument.
The general definition of sexual or indecent assault is a breach of a person’s bodily, psychological, and emotional integrity in the form of an unwanted sexual act. It can involve coercing or persuading a person to observe or engage in sexual acts.
Robert Bryan, the prosecutor, stated to the court, ‘Imogen Brooke induced [the complainant] to engage in sexual conduct without his consent, and she had no reasonable belief that he was consenting.
According to public perception, a sexual offender is male and a sexual crime victim is female. That is a misunderstanding. Misconceptions are precisely that: incorrectly held beliefs.
“In due time, this court may employ a different word, namely stereotype, which is a generally held but fixed and oversimplified image or idea of a particular sort of person or thing.
Regarding sexual matters, is the woman wearing the short skirt fair game? Is a lady only raped if she is covered with bruises?
“A man with an erected penis; does this morning erection occur when males are sexually aroused?
There is no place for stereotypes in criminal court. This case must be prosecuted on the basis of criminal evidence, not preconceived notions.
Physical arousal is very distinct from consent. The two may run simultaneously or on separate tracks.
Even if you are physically aroused, that does not guarantee you desire it.
The court heard that the two met on a dating service and that Miss Brooke was “far larger and stronger” than her alleged victim.
The jury was informed that the alleged assault occurred at her Southampton, Hampshire, residence.
Mr. Bryan added, “After a few drinks, they retired to bed, where he desired to sleep. Miss Brooke desired sexual contact and pulled his arm, eventually pinning him on his back.
‘During the police interrogation, he admitted he had an erection but said he didn’t want one.
She was riding on his shoulders while perched on his back. It ended not because he ejaculated, but because he lost his erection and she gave up.
She stated that she had felt aroused and desired sexual activity. When she did what she did, he stated that he gave up since she would not listen to him.
Miss Brooke denies one count of causing sexual activity without consent.
The court was informed that Miss Brooke rejected the charge because she is “weight-conscious” and would never assume such pose.
The jurors at Southampton Crown Court were informed that it is a’misconception’ that sexual offense victims are always female.
Mr. Bryan informed the court that Miss Brooke refuted the charge because she is “aware of her weight” and would never assume such a position.
She also cannot recall the incident occurring.
Mr. Bryan continued, ‘Consent appears in the accusation, but it may be a red herring, as he is convinced that not only did she engage in sexual behavior without his consent, but she was also dominant.
“In the case of Miss Brooke, the event would not, could not, and did not occur.
‘With sexual positions in the forefront of your minds, if he has invented all of this, why would a man make an allegation that he knows is improbable as the one position he knew they would not use?’
Mr. Bryan described the complainant as “unsophisticated” and “naive” in sexual matters before the jury heard his interview with the police.
In it, the complainant stated, “She was really intoxicated and claiming to be in the mood.” She was horny and desirous of [having sex], but I refused, and she continued tugging on my arm.
“She is considerably larger and stronger than I am, and I was unable to stop her.”
When she is on top, I cannot move her because she is far heavier than I am. She is around twice my weight, so I am unable to move.
I desired for it to cease. I simply gave up since she was unwilling to listen to me. I expressed what I needed to say, but my words fell on deaf ears.
It felt like an eternity, but really lasted no more than 15 minutes. It felt like a terribly long period – never ending.
‘I felt violated. I could not believe what had occurred. The next day, she had no recollection of the previous day’s events.
She observed that I was distant with her, but she did not understand why. She made me regret that I had allowed it to occur in such a manner. It was like receiving a blow to the face.
Miss Brooke denies one count of engaging in sexual activity without consent.
The case is ongoing.