Leeds man denies sex attacks on sleeping woman 'despite DNA and photo evidence'

John Byrne is accused of three offences against the female, who cannot be named for legal reasons, and is standing trial at Leeds Crown Court.

The 55-year-old denies two counts of digital penetration, and a seperate charge of sexual assault.

The case was opened by prosecutor Jemima Stephenson-Finn on Monday afternoon, who said Byrne had been out drinking in the Cross Gates area in April 2022 and went back to a house to continue.

The woman was also present and she fell asleep on the sofa, the jury was told.

But she then woke to find that Byrne assaulting her, it is claimed. She said he then asked her: “Can I sleep with you?”

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.

Five photographs were found on the device, taken at 7.39am that morning and showed a naked bottom, with the Crown claiming they were of the victim.

DNA swabs taken from the victim provided a match with Byrne.

During his subsequent police interviews he denied any sexual activity, claiming he was asleep throughout the night.

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Ms Stephenson-Finn said: “She was asleep at the time so she could not consent. His defence is that sexual activity simply did not happen.”

But she suggests this was a lie, given the photographs found and the DNA match.

The trial, which is due to last three days, continues.