Married teacher 'took woman home after she passed out drunk and raped her on his sofa as his pregnant wife slept upstairs'

Patrick Breen has denied two counts of rape at Liverpool Crown Court

30-year-old was out drinking with his alleged victim

The court heard she drank 10 vodkas, prosecco and Jagerbombs

Breen said the pair had consensual sex on the sofa while his wife slept

Prosecutor claims the woman was unconscious and could not consent



Accused: Teacher Patrick Breen is accused of raping a woman on his sofa, while his pregnant wife slept upstairs

A teacher raped a woman after she passed out dr unk on his sofa while his pregnant wi fe lay sleeping in the couple's bed upst airs, a court has heard.

Patrick Breen, a teacher at Childwall Sports and Science Academy in Liverpool, is said to have raped his alleged victim twice while she was 'out of it', after a night out drinking.

Jurors at Liverpool Crown Court were told the woman, who cannot be identified for legal reasons, drank 10 vodkas, half a bottle of prosecco and other shots including Jagerbombs.

Prosecutor Dan Travers said: 'The prosecution case is that she was so drunk she passed out unconscious and that she was incapable of consenting and did not consent.

'It is the defence case that this was consensual sex.'



The court heard Breen denies two counts of rape.



Mr Travers said the woman went 'floppy' and had to be supported by Breen, 30, who carried her to a taxi.



When the pair arrived back at the teacher's house, the woman was put to bed on the sofa.

But the court heard she woke in the night and felt a pain and a weight on top of her.

When she arrived home the next morning, she realised she had had sex with someone, but could not remember who, and called police.

Breen, of Garston, was arrested and asked if he had had sex with her and he replied that he had drunk a lot, 'a massive amount'.

He added: 'I really don’t know. I’m not going to lie and say it was consensual. I’m not going to lie and say it wasn’t consensual. I really can’t remember.'

Breen also told police he hadn’t had sex for three months because his wife was pregnant.

After DNA tests revealed Breen had had sex with the woman he was interviewed again and said he had experienced 'flashbacks' and now did remember parts of what happened.

He said he had tapped her on the shoulder to see if she was okay and she had kissed him on the lips and put her hand on his crotch.

He said the next thing he remembered was having sex with the woman on the sofa.

Mr Travers, told jurors: 'You now have to consider whether he is making that up to suggest she was conscious and enjoying this sexual encounter.

'The prosecution say it is clear she was not consenting and no person could have reasonably believed she was consenting.'

Denial: Breen, 30, from Garston, pleaded not guilty to two counts of rape at Liverpool Crown Court

He added: 'Even on his own account, which we do not accept as true, she must still have been out of it, otherwise why is he tapping her on the shoulder asking if she is okay?'

Nicholas Johnson, QC, defending, suggested the woman had her hand on Breen’s arm at some nightspots and was 'very close' to him, and asked if she was 'flirting' with him.

She replied: 'No. There’s nothing in touching a man’s arm that I would be embarrassed about.'

Patrick Breen denies two counts of rape.