The prosecutor informed the court the woman fell asleep soon after she got in the car in the wee hours of November 29 last year, after a night out with friends. She woke up with the cab driver, Gurpreet Singh, on top of her.
An Indian taxi driver has been accused of raping his female passenger in the back seat of the cab while she was sleeping.
The rape accuser gave evidence in the District Court in Brisbane on Monday.
The taxi driver, Gurpreet Singh, 24, claims that the sex was consensual and has pleaded not guilty to rape and sexual assault.
Singh is not denying that he and the passenger had sex, but that the sex was consensual, prosecutor Shauna Rankine told the court.
Rankine said: “The complainant was passed out. If a person is asleep they cannot have the cognitive capacity to give consent.
“If a defendant knows she is asleep and he penetrates her then it’s rape.”
Rankine informed that the passenger fell asleep soon after she got in the car in the wee hours of November 29 last year, after a night out with friends.
“What she woke up to was her cab driver, this man Gurpreet Singh, having sex with her,” Rankine said.
The CCTV footage from within the taxi shows Singh having sex with the woman at the back seat after stopping on a street at McDowall, in Brisbane’s north.
The prosecutor said the woman then escaped from the taxi and informed her brother before reporting the crime to police.
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