A former lover has been found guilty of attempted rape and common assault in relation to the charges brought against him.
Manase Funaki committed the crime while his wife and family were at an adjoining property.
The complainant was at home with her daughter, who was sharing a bed, and her husband was abroad in New Zealand.
The Lord Chief Justice Malcolm Bishop KC said it is likely the accused and the victim engaged in a sexual relationship during the year 2016.
She later married and had a child.
The victim and Funaki, however, renewed their acquaintance and arranged to meet at night for the purposes of a sexual, the court judgement said.
However, the court was told that on the night of the offending, he climbed through the glassless window of the complainant’s home, pulled her out of bed, took her to a nearby couch and compelled her to have oral sex with him. She complied out of fear.
He threatened the complainant that he would kill her before attempting to have sexual intercourse, which he could not achieve because of his flaccid state.
Funaki argued that the sexual relations were entirely consensual.
He said what happened on the night in question was simply a repetition of what would frequently occur during their relationship.
Mr Bishop did not buy it and found the victim’s statement convincing.
He concluded that Funaki “was in fact a trespasser because she never invited him into the property nevertheless. But he also said he “cannot rule out the possibility that he genuinely believed he would be welcome”.
Mr Bishop then said: “But I have no doubt that what happened next was not with the complainant’s consent and that he knew that, otherwise why would he manhandle her and try to stop her calling out and threaten to kill her? This means that he is guilty of attempted rape Count 1 and common assault in Count 3”.
