Footballer rape-claim student 'was up for it'

A law student who claims she was raped by an Arsenal footballer and sexually assaulted by his friend was “up for it” not “out of it” after meeting them in a West End club, a court heard today.

The 22-year-old engaged in “friendly fondling” with operations manager Allan Smillie at goalkeeper Graham Stack’s flat on September 1 last year, it was suggested at Croydon Crown Court.

She earlier claimed she had “absolutely no energy to resist in any way” when Smillie allegedly touched her and Stack, who is currently on loan to Reading, allegedly attacked her in his home in Beckenham, south London.

Smillie’s defence counsel Edward Henry told the hearing today: “I’m not trying to be vulgar but you weren’t out of it you were up for it.”

“No, absolutely not,” the alleged victim replied.

He said the woman and Smillie shared a kiss and touched each other sexually when they were in bed together.

The barrister continued: “According to you it seems you were completely at the mercy of Allan Smillie at that point.”

“Yes,” she said.

Mr Henry: “But he doesn’t strip you naked does he?”

“No.”

Mr Henry: “He doesn’t remove your briefs which were sheer and transparent, he doesn’t pinion you or use physical force does he?”

“No.”

Mr Henry: “He doesn’t force himself on you, what you indulged in was foreplay … willing consensual foreplay.”

The alleged victim replied: “No.”

Stack, of Ladygate Lane, Ruislip, west London, denied one count of rape and one count of sexual assault at an earlier hearing.

Smillie, of Boundaries Road, Feltham, West London, pleaded not guilty earlier to two counts of sexual assault.

The court earlier heard that the alleged victim met the 23-year-old men just hours before at Trap nightclub on Wardour Street, central London, through a school friend and shared a French kiss with Smillie.

She claimed she drank half a glass of wine, two single and one double vodka and cranberry juice, and at the end of the evening felt unwell.

She was sick in the club toilets and also on the way to Stack’s home.

The woman, who is from north London and was 21 at the time of the alleged offence, claimed she was trying to sleep when Smillie sexually assaulted her and Stack raped her.

“I was almost passed out, but saying ’get off me, get off’, and ’I just want to sleep’. They just totally ignored me,” she said.

Mr Henry told the south London hearing today: “Graham came in and you and Allan stopped. You did a U-turn, a 180 degree turn in your interest. You turned away from Allan and you turned your interest to Graham.”

Fighting back sobs, she told the packed courtroom: “No… Allan left when Graham jumped on top of me, completely out of the blue.”

“Allan left when you started to kiss Graham,” Mr Henry said.

“No, I did not kiss Graham,” the woman added.

“It wasn’t foreplay because I wasn’t consenting to any of it.”