Graham Stack trial

eirebhoy

A law student told a court today how she was raped by an Arsenal footballer after a night out at a West End club.

Her voice faltering, the 22-year-old claimed she had “absolutely no energy to resist in any way” when goalkeeper, Graham Stack, currently on loan to Reading, allegedly attacked her in his flat.

The woman was ill and trying to sleep when she was set upon by the player and sexually assaulted by his friend, Allan Smillie, in the early hours of September 1 last year, the jury heard.

“I saw Graham Stack in the doorway of the room completely naked” Croydon Crown Court was told.

“He was smiling…I was really confused.

“He got on top of me. I think I remember his trying to kiss around my neck and face area.

“He started to have sex with me. He raped me.”

From behind screens she told the packed courtroom: “It was really, really sudden. There was absolutely no warning whatsoever. It was completely out of the blue. I was aware of what was happening, I just felt completely unable to do anything.

“I was almost passed out but saying ’get off me, get off’ and ’I just want to sleep’. They just totally ignored me.”

She claimed Stack only stopped attacking her when her friend called out his name.

Stack, of Ladygate Lane, Ruislip, west London, who today wore a dark suit, white shirt and dark tie, denied one count of rape and one count of sexual assault at an earlier hearing.

Smillie, an operations manager from Boundaries Road, Feltham, west London, who today wore a black suit and shirt and black and silver striped tie, pleaded not guilty earlier to two counts of sexual assault.

The alleged victim met the 23-year-old men just hours before at Trap nightclub on Wardour Street, Central London, through a school friend and shared a kiss with Smillie, the court was told.

She drank half a glass of wine, two single and one double vodka and cranberries, and at the end of the evening felt unwell.

She was sick in the club toilets and also on the way to Stack’s home in Beckenham, south London.

She told the jury: “I was completely out of it, I felt really, really sick … I felt as if I was really, really drunk and I couldn’t understand why.”

She said she usually drinks a lot more than that at university and added: “I have never ever been that sick from alcohol, ever.”

When the woman arrived at the flat she claimed Smillie suggested she take her jeans off because she had sick on them. She agreed, and got into bed.

She said she felt ill and wanted to sleep but he got in bed with her and sexually assaulted her, the court heard.

Stack, who was on loan to Millwall at the time, then raped her before sexually assaulting her, it was alleged.

The woman, who is from north London and was 21 at the time of the alleged incident, moved from the spare bedroom to the main bedroom where Smillie sexually assaulted her again, it was claimed.

She said: “He was trying to undo my bra … I was saying to him ’get off, I want to go home’.

“He said: ’I can’t help it.’

“I was really scared at this point, I didn’t know where I was, what happened was sinking in.”

She then phoned her mother and took a taxi home.

The next day the woman told her school friend, who had been with her at Stack’s flat that night, what had happened but she did not believe her, the nine-woman, three-man jury was told.

She said: “She said: ’I’ve got Graham at my house. He categorically denies having sex with you or doing anything to you…this could ruin his career.”

Later that day Stack turned up at the woman’s house, it was said, and she reported the alleged incident to the police.

During his opening, prosecutor Robin Johnson said urine tests showed the alleged victim was one and a half times over the legal drink-drive limit but samples had not been properly preserved and were not that reliable.

He added: “There are such things as date rape drugs. Let me make it clear that samples were taken from her, all the tests proved to be negative.

“There’s no evidence that she was drugged on that occasion. There’s plenty of evidence that she was feeling extremely unwell at the end of the evening.

“The Crown’s case is that she was not consenting, she made that clear, and even if there was any doubt, by her sheer physical state and what they had seen in the club, and in the car, they would have appreciated that.”

During cross-examination, Edward Henry, on behalf of Smillie, claimed the alleged victim “exaggerated the effect of drink”.

“You weren’t incapacitated,” he said.

“I could barely verbalise,” she said.

The barrister added: “You know in your heart that no crime has been committed against you don’t you?”

She replied: “No.”

The hearing was adjourned until tomorrow.

Lets hope justice is done. If he is guilty he should get what he deserves. If not, she should. I'd say Stack did do something wrong but I doubt its as serious as the charges.

Guy:Incognito

Without meaning to sound cynical or disrespectfull of the jurors, but having 9 women on the jury wouldnt fill me full of confidence if I was in his position.

Culchie

If she was unwell, why didn't she go home?

And for someone who was 'completely out of it' she has a great recollection of detail :rolleyes:

MrJoeSoap

Stekelly wrote:

Without meaning to sound cynical or disrespectfull of the jurors, but having 9 women on the jury wouldnt fill me full of confidence if I was in his position.

Its not only disrespectful of the jurors, but of women in general. Obviously, it should be 6 and 6, but what difference does it make if there are 9 women? The purpose of a jury is to hear the sides of the argument and make a decision based on the laws in place. How does ones sex affect that?

Lemlin

Its not only disrespectful of the jurors, but of women in general. Obviously, it should be 6 and 6, but what difference does it make if there are 9 women? The purpose of a jury is to hear the sides of the argument and make a decision based on the laws in place. How does ones sex affect that?

In all fairness, ask any member of the legal profession and they'd tell you they'd prefer to have men on the jury than women in a rape case. No matter how hard they try, people are bound to be biased by their sex. Anyway, that's for a different topic.

I probably sound like a sleaze but it sounds to me like she hasn't much of a case. Fact is she was drunk and the lads took advantage. It happens in nightclubs all over the country every weekend.

Kingp35

Lemlin wrote:

I probably sound like a sleaze but it sounds to me like she hasn't much of a case. Fact is she was drunk and the lads took advantage. It happens in nightclubs all over the country every weekend.

this doesnt make it right. If she didnt consent to having sex and was forced then it was rape although I agree that she is probably exaggerating alot of details and if she was totally out of it she wouldnt remember everything so well

Lemlin

this doesnt make it right. If she didnt consent to having sex and was forced then it was rape although I agree that she is probably exaggerating alot of details and if she was totally out of it she wouldnt remember everything so well

Never said it was right but the fact is that she doesn't have much of a case. And that's the way the defence will paint it.

What girl do you know who'd go home with two fellas she barely knows when she's drunk? That's what the defence will be saying.

eirebhoy

A law student who claims she was raped by an Arsenal footballer and sexually assaulted by his friend was “up for it” not “out of it” after meeting them in a West End club, a court heard today.

The 22-year-old engaged in “friendly fondling” with operations manager Allan Smillie at goalkeeper Graham Stack’s flat on September 1 last year, it was suggested at Croydon Crown Court.

She earlier claimed she had “absolutely no energy to resist in any way” when Smillie allegedly touched her and Stack, who is currently on loan to Reading, allegedly attacked her in his home in Beckenham, south London.

Smillie’s defence counsel Edward Henry told the hearing today: “I’m not trying to be vulgar but you weren’t out of it you were up for it.”

“No, absolutely not,” the alleged victim replied.

He said the woman and Smillie shared a kiss and touched each other sexually when they were in bed together.

The barrister continued: “According to you it seems you were completely at the mercy of Allan Smillie at that point.”

“Yes,” she said.

Mr Henry: “But he doesn’t strip you naked does he?”

“No.”

Mr Henry: “He doesn’t remove your briefs which were sheer and transparent, he doesn’t pinion you or use physical force does he?”

“No.”

Mr Henry: “He doesn’t force himself on you, what you indulged in was foreplay … willing consensual foreplay.”

The alleged victim replied: “No.”

Stack, of Ladygate Lane, Ruislip, west London, denied one count of rape and one count of sexual assault at an earlier hearing.

Smillie, of Boundaries Road, Feltham, West London, pleaded not guilty earlier to two counts of sexual assault.

The court earlier heard that the alleged victim met the 23-year-old men just hours before at Trap nightclub on Wardour Street, central London, through a school friend and shared a French kiss with Smillie.

She claimed she drank half a glass of wine, two single and one double vodka and cranberry juice, and at the end of the evening felt unwell.

She was sick in the club toilets and also on the way to Stack’s home.

The woman, who is from north London and was 21 at the time of the alleged offence, claimed she was trying to sleep when Smillie sexually assaulted her and Stack raped her.

“I was almost passed out, but saying ’get off me, get off’, and ’I just want to sleep’. They just totally ignored me,” she said.

Mr Henry told the south London hearing today: “Graham came in and you and Allan stopped. You did a U-turn, a 180 degree turn in your interest. You turned away from Allan and you turned your interest to Graham.”

Fighting back sobs, she told the packed courtroom: “No… Allan left when Graham jumped on top of me, completely out of the blue.”

“Allan left when you started to kiss Graham,” Mr Henry said.

“No, I did not kiss Graham,” the woman added.

“It wasn’t foreplay because I wasn’t consenting to any of it.”

http://www.breakingnews.ie/story.asp?j=193459304&p=y9346xy76&n=193460182&x=

applehunter

Lemlin wrote:

In all fairness, ask any member of the legal profession and they'd tell you they'd prefer to have men on the jury than women in a rape case. No matter how hard they try, people are bound to be biased by their sex. Anyway, that's for a different topic.

Ive heard that too.

Just shows how bitchy women are.

whiskeyman

Just heard Stack has been cleared...
http://news.bbc.co.uk/1/hi/england/london/4297828.stm
His friend also cleared.
I hope this reflects what happened and is true to the case.
If so, I also hope Stack can concentrate on his career now.
It's also disgusting that this woman came so close to ruining his life.

Jivin Turkey

Great news for him. The idea of someone making up fake allegations of rape truly sickens me, and if untrue she should be charged herself and severely punished.

I mean does anybody know someone that has had this happen them? It only seems to happen to celebrities and people with something to lose as a result of the allegations.

Kingp35

The girl should definitely be charged in this case. How she could falsely accuse someone of rape is just unbelievable. I hope Stack can forget about this now and just get on with his career

Big Nelly

whiskeyman wrote:

Just heard Stack has been cleared...
http://news.bbc.co.uk/1/hi/england/london/4297828.stm
His friend also cleared.
I hope this reflects what happened and is true to the case.
If so, I also hope Stack can concentrate on his career now.
It's also disgusting that this woman came so close to ruining his life.

I think everyone knew from day one this so called woman was talking thru her arse so to speak....plenty of women around like this is the problem....but if you pull a law student you probably would think she would be the last person to try something like this but just another scumbag!!

tetsujin1979

On Reading's website it says he's returning to training with them and will be making the loan move permanent

Keano_sli

"The Report on Sexual Abuse and Violence in Ireland found that only 12% of people who have suffered sexual abuse or violence report it to any support agency. Similarly the statistics published by the National Rape Crisis Network earlier this year showed that of the thousands who contacted Rape Crisis Centres, a mere 20% reported the crime to the Gardai." from Address by Minister of State Fahey at the launch of the Dublin Rape Crisis Centre Statistics 2004

Why is this? Mainly because women are still not believed in rape trails as defence lawers paint them as being "up for it" as in this case, Just because a Girl has had a few drinks and gone to somebodies flat does not mean she is consenting to Sex. Unfortunately most men still seem to think that this is the case and a lot of the posts here seem to fit into that mindset. Try thinking of it from the point of view if it was you sister would you write it off so easilly as she had a few drinks and now just wants to get cash etc..
IMO girls these days do drink a lot more that they did say 20 years ago, but that does not give men the right to use this as an excuse to force them to have sex.

Pigman II

Stekelly wrote:

Without meaning to sound cynical or disrespectfull of the jurors, but having 9 women on the jury wouldnt fill me full of confidence if I was in his position.

I'd agree with that. Surely a jury should be as accurate a sample of the population from which it is selected as possible?

The Clown Man

Apparently, reported rape claims aren't dealt with by the gardai any more. It was all over the media a while back. Apparently it is due to the fact that 95% of rape claims are proven false before they even get to court.

Amazing that women would do this.

The general consensus at the time was that the majority of women making the rape claims were doing it to to get at some fellah they slept with that acted the prick after.

Hell hath no fury like a woman scorned and all that but if this is true it's just ridiculous ...

Lemlin

Amazing that women would do this.

I can see why this one did it though. She thought "Arsenal footballer...loaded" and decided to cash in.

The Muppet

Lemlin wrote:

I can see why this one did it though. She thought "Arsenal footballer...loaded" and decided to cash in.

Would it not be better to wait on the outcome of the trial before castigating either party involved in this?

Davei141

He was cleared...

Lemlin

Would it not be better to wait on the outcome of the trial before castigating either party involved in this?

Yes, I agree. The problem with your point is that Stack was cleared yesterday.

The Muppet

Lemlin wrote:

Yes, I agree. The problem with your point is that Stack was cleared yesterday.

Fair comment so, I wasn't aware he had been cleared, Suppose I should have read the thread first.

Lemlin

Would it not be better to wait on the outcome of the trial before castigating either party involved in this?

Well if you're commenting on a thread it does help