Trial begins of Harrogate police officer as court hears accusation of sexual assault

Joseph McCabe, 27, “stroked” the woman on her arm then badgered her for sex, prosecutor Richard Blackburn told York Magistrates’ Court.

When the alleged victim rejected his advances, Mr McCabe, who had been drinking, grabbed her hair and pulled her off a bed, before demanding she had sex with him, added Mr Blackburn.

He said that Mr McCabe, a devout Roman Catholic, placed his hand on the woman’s inner thigh and on her back and then lifted her onto a bed, before lying next to her.

“He took hold of her arm and began to stroke it,” said Mr Blackburn.

When the woman - who was not in a relationship with Mr McCabe - asked him what he was doing, he made no reply, it was alleged.

Mr McCabe, a police constable who had recently got married, apologised to the woman but about half an hour later he grabbed her by the hair and tried to pull her off a bed.

Mr Blackburn said the woman was scared and again asked Mr McCabe what he was doing, and made it clear she didn’t want to have sex.

About 30 minutes later, Mr McCabe started shouting, “Get into…bed now”, added Mr Blackburn.

She again spurned his advances, said the prosecutor.

Mr McCabe, a strapping man, later apologised for his behaviour, telling the woman he had “reverted back to being my teenage self” and had made an “ill-judged, romantic” advance. However, he denies his actions were sexual in nature.

The woman, who can’t be named for legal reasons, later reported the incident to police.

Mr McCabe, of Kingsley Park Road, Harrogate, was brought in for questioning and gave police a prepared statement claiming he was drunk at the time. He admitted lifting the woman and putting her down on a bed but denied that his behaviour was sexual.

He said it appeared that “matters were developing” between them during the incident in the early hours of the morning, and that he had “stupidly” tried to kiss the woman.

“He said she made it clear that was not what she wanted and he then apologised,” added Mr Blackburn.

He denied pulling the woman’s hair and demanding that she get into bed with him, and said he fell asleep after she made it clear she didn’t want sex.

The alleged victim gave evidence via video link on the first day of the trial today (Tuesday, October 11).

She said she only had a little to drink and was sober on the night in question and claimed that Mr McCabe “didn’t seem overly drunk”.

She said Mr McCabe picked her up and placed her on a bed and that “nothing was said, which I found quite creepy”.

“He laid on the bed next to me and then he took hold of my hand and (his hand) went up my arm in a stroking motion,” she added.

She claimed that Mr McCabe was moving his hand towards an intimate part of her body, but no contact was made.

“At first I was a bit shocked and couldn’t work out what he was doing,” she said.

“I said, ‘What do you think are you doing?’ I perceived that he was trying to have sex with me.”

She said she pointed to the Crucifix that Mr McCabe was wearing and said: “Aren’t you meant to be religious? What are you doing?”

“I turned away from him at that point because I didn’t want him to think I was interested in him,” she added.

However, she then “felt my (hair) bun get pulled and I was ragged to the floor”.

She said she was “shouting and swearing” and telling him: “Don’t touch me.”

“I remember shaking a lot and I didn’t know what to do,” she added.

“I just froze in fear.”

She said that during the “horrible” incident, Mr McCabe had “terrified” her and at one stage she feared she might be raped.

Mr McCabe’s barrister Kevin Baumber questioned the veracity of the woman’s claims that she’d only had a small amount to drink and suggested she had drunk more than she had claimed on the night in question.

Mr Baumber claimed there were no sexual motives in Mr McCabe picking her up and placing her on the bed.

Mr McCabe, who was suspended by North Yorkshire Police pending the outcome of the trial, denies one count of sexual assault. The incident occurred last year.

The trial resumes on December 5 at Harrogate Magistrates’ Court when the defence will set out its case.