Joshua Lines, now 23, has been cleared of rape after a three year court ordeal (Picture: Cavendish Press)

A former university student who was accused of rape after a female friend of his claimed she woke up on top of him after a drunken night out has been cleared.

Joshua Lines, now 23, was held by police after he was invited to stay in the woman’s room at her university halls after spending the evening with her drinking beer and Prosecco at a student house party three years ago.

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The pair fell asleep together whilst watching the Disney movie Lady and the Tramp but she claimed she woke up several hours later to find herself on top of Mr Lines with her pyjama bottoms pulled down and he having sex with her.

She said she fled in tears to her en-suite bathroom and locked herself inside for several hours until she was sure he had left the room.

When Mr Lines tried to speak to her later on Facebook message, asking her ‘What’s happened’, she replied: ‘I don’t want anything to do with you.’

He was accused of rape after going back with a female friend after a drunken night out (Picture: Cavendish Press)

Mr Lines, from Wigan, Greater Manchester, was later charged with rape over the encounter in November 2014.

He sat through two trials during in which both he and his accuser gave evidence and which culminated in jurors in both cases failing to agree on a verdict.

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On Thursday at Manchester Crown Court, Mr Lines, whose father runs a software design company, was formally cleared of rape on the directions of a judge when prosecutors said they would not be seeking a third trial after speaking to the woman, also 23 who cannot be named for legal reasons.

A medical examination carried out on the woman several days after the incident showed no traces of Mr Lines’ DNA.

Prosecutor Justin Hayhoe said: ‘I have liaised with the CPS and taken the view of the parties. The crown do not seek to persuade the court that this is an exceptional case. In these circumstances I offer no evidence.’

The judge Miss Recorder Rowena Goode told him: ‘We have heard what has been said that means we must draw a line under this matter. May I remind parties that the complainant will receive lifetime anonymity.’

he was cleared of any wrongdoing following a three year trial at Manchester Crown Court (Picture: Dave Thompson/PA)

Earlier the jury was told Lines and the woman had been friends for three years but whilst he was attracted to her, she said she didn’t share his feelings and the relationship was purely platonic.

The incident occurred when he visited the woman, then 20, and they attended a house party together where it was said she became upset at seeing a boy she liked kissing another girl.

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In a video statement to police the woman said:#“I remember everything that happened and I know I was not drunk.

‘When we got back we decided to watch a film. I went to the bathroom and got changed and Josh was already in the bed. I put the film on and I remember before falling asleep, he turned me to face him and cuddled me but that was nothing unusual. I assume we fell asleep like that.

‘But I woke up on top of him and he was having sex with me and I was in shock and I started crying.’

But Mr Lines said: ‘When we got to the party she was flirtatious when I was speaking to other people. I do not recall whether she was upset about seeing a boy she liked kissing another girl or whether there was any particular reason for us leaving the party other than that she seemed to be a bit frustrated.

‘When we were walking back to the flat we were both stumbling, and I had to hold her up. I felt drunk at that point and when I got into her room. She wasn’t paralytic but she stumbled a little and I had to put my hand on her shoulder.

‘When we got back to her flat I said I would sleep in the bath and she said: “Don’t be silly” and so it was her idea for me to sleep in the bed.

‘We had slept in the same bed before and I thought it was fine so I took my jeans off and was wearing my t-shirt and boxer shorts and she changed into her pyjamas.

‘When the film was put on I begun to feel funny and the room was spinning – she was a bit tipsy too. I then fell asleep and when I woke up she had her head on my chest. I tried to move her out of the way but she was draped over me with her legs either side.

‘I left to be sick and ended up in the basement. I don’t believe I could have done what she said I did because of the logistics of it. She woke up on top of me with her legs either side, how would I get her there?’

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A female friend of Mr Lines, Melissa Pruntey told the court: ‘I know he would do anything to help his friends and I find it hard to understand the charge because it is so out of character.

‘He has always treated girls with respect and had never taken advantage of anyone. We have both slept in the same bed when intoxicated and not once did I worry that he would act inappropriately with me.’

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