Man (34) cleared of rape

Alistair McEwan (34) of Windsor Rise, Aston, stood trial at Sheffield Crown Court last week.

The case concerned an incident last October, after Mr McEwan had been out drinking with several people — including his accuser.

The woman, who cannot be named for legal reasons, claimed Mr McEwan made unwanted advances towards her all night.

In a taxi to a friend’s house in Rotherham the unwelcome attention continued, she said.

She told police that, after falling asleep in a bedroom upstairs, she awoke when a friend screamed at Mr McEwan, who was having sex with her.

Mr McEwan’s barrister,  Miss Zaiban Alam, told the court on Thursday that he and his accuser had been flirting with him and that she was awake when he entered the bedroom.

She had looked at him over her shoulder, before lying down again and allowing him to continue, the lawyer claimed.

While some witnesses supported the woman’s account of persistent pestering by Mr McEwan — others had said the flirting was mutual, or testified to Mr McEwan’s good character, Miss Alam said.

Miss Alam said several people had sex in the house that night and the woman had made her allegations out of “shame”.

She told jurors: “He wasn’t very nice that night.

“He said he didn’t fancy her, she was a big girl.

“But he had sex with her because she would ‘do’ for sex.

“Not being nice is not a count on the indictment.

“It might have been morally wrong, but it was not against the law.”

Jurors retired last Thursday to consider the evidence and returning their not guilty verdict the following day.