Man, 21, raped sleeping victim

Woman fled screaming from house, court hears

AMAN from Runcorn has been convicted of raping a woman while she slept.

Kevin Disbury, 21, of Castner Avenue, Weston Point, was found guilty of one count of rape and two sexual assaults on Monday following a five-day trial last week.

He was acquitted of one count of rape relating to a separate complainant.

Disbury was convicted over an incident in which the victim, who was in her 20s, awoke after a night out when she felt nudging and in her back and turned over to find the defendant naked behind her in bed performing an indecent act.

Judge Tina Landale, summing up prosecutor Simon Parry and defence counsel Desmond Lennon’s evidence, said the woman fled in screams.

Although unsure of what had happened, she felt ‘really wrong and dirty’ and sought a medical examination, which established sexual activity had occurred.

During the evening, the victim had drunk 13-15 alcopops and ‘could not stop throwing up’.

Disbury brought her a glass of water and was being ‘really weird’ saying she ‘had lots of problems and held them back’, which she denied. She said she left him and fell asleep alone in a bed.

Jurors were not convinced by Disbury’s defence that she was an ‘enthusiastic participant’ in sexual activity including intercourse.

Describing the moment after she woke up to find Disbury performing an indecent act, she said: “I said ‘what are you doing?’ and I went out to get out and realised I only had my pants on my right leg.

“My left leg was completely bare.

“I said ‘what’s happened?’ and he questioned me ‘what do you mean what’s gone on?’

“I said ‘what the ‘f*** ..., what’s gone on?’ I was trying to get dressed as quick as I could.

“I was still trying to get my pants on and the door was locked... I was banging on the door, ‘someone let me out’ and he shouted ‘someone come to the door’ and (the defendant) managed to open it.

“I ran downstairs screaming ‘get away from me’ and left the house.”

On Monday, jurors acquitted Disbury of raping a teenage girl in a Runcorn town centre alley during the early hours of an autumn night last year.

The defendant and an another man had encountered the girl, who was above the age of consent, as she and her friend looked for a lost house key. The girls had been to Wetherspoon and The Bank Chambers, where they had been drinking alcopops and left at 3.58am.

Two men – one Disbury – approached and said they would try to help.

The complainant ended up in an alley where she said the alleged offence happened.

Mr Lennon said CCTV may have shown the complainant and Disbury holding hands in the street. A passerby said he had seen the complainant later at around 5am when she was ‘distressed, scared and quiet’. She told him she had been raped.

The police were contacted after the complainant ‘ burst into tears’ in front of her father the next morning.

Disbury is due to be sentenced over the three guilty verdicts on August 15.