“YOUR idea of rape is only rape if the girl is screaming.”
These were the words of prosecutor Isobel Ascherson during a cross-examination of rapper Aggro Santos.
The 24-year-old is standing trial at Chichester Crown Court charged with raping a woman at The Ship Hotel after performing at a concert at the University of Chichester.
Santos’ friend Tyrelle Ritchie, 22, of Lambeth, London, is charged with one count of rape, as part of the same incident.
Santos faces one additional rape charge following an alleged incident after performing at Soho nightclub in Yeovil, in 2010.
Today (May 1), the jury heard the prosecutor, Miss Ascherson question the witness at length on what happened on the night of the alleged incident in Chichester.
The court heard Santos and the alleged victim had travelled from the University of Chichester back to The Ship Hotel with a group of three other girls and other members of Santos’ entourage, including Ritchie.
After drinking in the hotel bar in a group, Santos and the alleged victim went to find a toilet and ended up in Santos’ bedroom.
After they each used the toilet, the court heard the pair had sex for the first time.
“I had used the bathroom, we sat on the bed and we began to kiss,” said Santos. “Things got a bit flirty, touchy feely and then we had sex on my bed.”
Santos told his defence lawyer, Ronald Jaffa, he had consensual sex with the woman.
The court heard, after the alleged victim and Santos had sex for the first time, they were joined in the room by the victim’s sister and Santos’ friend Ritchie.
“It clearly started to become very obvious they were attracted to each other, they were flirting a bit more than friends would. At that point I suggested to her that we go into the bathroom to give them some privacy,” said Santos.
He claimed they stayed in the bathroom while Ritchie and the sister were in the room, before returning to the bedroom to have sex again.
Santos maintained a Facebook friend request was sent by him at the alleged victim’s request using her email address after they had ‘consensual’ sex for the second time.
The court heard Ritchie later returned while Santos and the alleged victim were having sex for the second time, where the alleged victim performed oral sex on him for 15-20 seconds, which the prosecution said was against her will.
During cross-examination, Miss Ascherson told the court Santos thought he was ‘entitled’ to have sex with the girl for the second time because he had done so earlier, to which Santos replied: “No, it was as consensual as it was the first time.”
“Your idea of consensual sex, Mr Santos is sex when the girl is not screaming,” said Miss Ascherson.
Santos replied: “My idea of consensual sex is when two people want to have sex with each other and the consent and the feeling about it is mutual, that is my idea of consensual sex.”
Miss Ascherson added: “Because you couldn’t care less unless she was screaming.”
“I can care less, if someone is screaming. I would not do that, I would not force anyone to do anything. That is not what happened,” replied Santos.
“I am totally incapable of doing it. When somebody says rape to me I get an awful feeling that doesn’t make me feel good. To me rape is anybody having sex against their will and I did not feel anybody was having sex against their will. If a girl does not want to be touched I would class that as a form of rape. She was not saying no and I did not push her on the bed,” said Santos.
Santos and Ritchie have pleaded not guilty to all charges.
The trial continues.