A Nigerian-born student has been cleared of rape in the UK after a woman he had sex with claimed she thought he was a white guy.
According to UK Metro, Sam Obeghe, 24, had sex with the shop worker, 21, at his flat after a night out. He stopped when she cried his friend Zack Garriganβs name. She had earlier been with Mr Garrigan, who had since left the room. She says she realised her mistake when she ran her fingers through Mr Obegheβs hair.
She left the flat and reported Mr Obeghe for rape following the incident in December 2014 and he faced a trial. However, a jury found him not guilty after just 27 minutes of deliberation
During the trial the woman said the bedroom was βpitch blackβ and she couldnβt see enough to distinguish between the two men, despite Nigerian-born Mr Obeghe being of different ethnicity to Mr Garrigan, who is white. The two men also have different features, builds and a different voice.
The incident occurred on December 5 2014 when the woman β known as Miss X β had got drunk during a night out with a friend in Bolton town centre. The two women met Mr Obeghe and Mr Garrigan in the Vogue bar and in the early hours of the morning the four of them, plus another man went to Mr Obegheβs flat in the Heaton area of the town.
Mr Obeghe β who had not been drinking β gave the party a lift in his BMW but once they got back Miss X and Mr Garrigan began kissing and headed into the accused manβs bedroom for sex. The woman said she and Mr Garrigan did not have intercourse and she fell asleep while he went into the lounge to try to find some Viagra
But she told the court she was subsequently woken by a man she thought was Mr Garrigan in the bed and they began having sex.
"I was saying Zackβs name because I thought it was him I was having sex with. The person hugging and kissing me didnβt feel any different. I thought this was Zack, I called his name four or five times. It went on for a couple of minutes until I put my hands through his hair and realised it was not Zack but Sam. I was screaming, βwhat are you doing? and he ran out of the room. I was embarrassed and ran out. Zack was asking what was wrong, I was just saying that I needed to get out.β
The woman later told her mother who called police. Mr Obeghe, who at the time worked for a fashion brand, said he had met the woman while helping Mr Garrigan celebrate his birthday and he had agreed to let them and the other friends go back to his flat at 5am.
"I could tell she was drunk β her and Zack were the same,β he said. βMusic was playing and they were kissing and then went into my bedroom. I sat there thinking βwhat have I done?β bringing them back here because I had work the next day.
βI saw Zack coming out, first naked and I was saying, βcome on I need to go to bedβ.
βI asked him, βAre you guys leaving?β but he was not really paying attention to what I was saying and I said, βIβm going to go and get her outβ.
βI walked into the bedroom, sat on the bed and started nudging the woman saying, βgo and meet Zack in the living roomβ. At first I lay there thinking βfinally I can go to bedβ but she grabbed me.
βI was just thinking, βI didnβt really want to have sex with herβ, but Iβm a human being and if you get touched like that you have a motivation to move on. I figured she was probably very drunk. Then she grabbed me saying, βcome on Zackβ and I realised βsheβs thinking Iβm Zackβ so I jumped off the bed and jumped out of the room.
βI went into the living room and told Zack: βMan you will not believe what sheβs just doneβ. Zack was sort of laughing and then I saw her storming out and she was screaming. I was in shock. I didnβt climb on top of her and kiss her.β
After the not guilty verdict Mr Obeghe was too upset to comment. His lawyer Sarah Johnson said:
"We are not suggesting this is a wicked woman telling a wicked pack of lies β but she couldnβt remember everything that happened in that bedroom. Sheβs not someone you can say is accurate and reliable.
"She said the room was pitch black and she couldnβt see anything, despite the defendant being of a different ethnicity, having different features and a different voice. It was only when putting her hand through his hair she put her head back and itβs that movement of her head that allows her to see that itβs Sam and not Zack."
Source: Metro
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