Leeds man accused of sex attack on sleeping woman says his DNA 'must have been planted'
A man accused of a sex attack on a sleeping woman after a night drinking claims his DNA found on her genitals “must have been planted”.
John Byrne also claims that photos of the woman’s naked bottom found on his phone, that were taken around the time of the alleged assault, must have been taken by someone else.
Giving evidence on day three three of his trial at Leeds Crown Court, he even went as far as claiming the victim herself might have taken them.
The 55-year-old denies two counts of digital penetration and a seperate charge of sexual assault on the woman who cannot be named for legal reasons.
Byrne told the jury that he had been out drinking in Cross Gates with a group of people and ended up at a house to continue drinking on April 8, 2022.
The woman was also present and she fell asleep on the sofa, the jury was told.
The woman says she woke up after a night out and found Byrne assaulting her and asking if he could sleep with her.
She told him to get off, and she said he then threw her trousers at her. She also realised her bra had been pulled down.
The woman went home and “burst into tears”, telling her partner and then calling the police.
Byrne, of Naburn Walk, Whinmoor, was arrested and his phone seized. He claims he went to sleep and no sexual contact took place at all.
During cross examination in court, prosecutor Jemima Stephenson-Finn put it to Byrne that he “took advantage” of the woman who was in a deep sleep after drinking.
He replied: “No, I’m not that kind of person.”
Asked about the snaps found on his phone, he said: “I did not take those photographs. I didn’t even know they were there until the police told me.
“Somebody else took those pictures.”
Asked if he was suggesting it may have been the alleged victim, he replied “yes”.
Asked about his DNA being found on swabs taken from the woman, he suggested it was planted.
He was also quizzed about a message he sent to the woman in the hours after the alleged attack, apologising.
But Byrne denies it was in response to and claims it was linked to a comment he made to her in the pub the previous night.
The trial continues.