Rape claim woman 'agreed to sex'

Pc Andrew Lang and Pc Mark Witcher are accused of rape

An ex-policeman accused of raping a woman at her home with a colleague while they were on duty has told a court she consented to a threesome.

Mark Witcher, 30, said he and Andrew Lang, 31, were "amazed and astonished" at the time of the alleged incident in Godalming, Surrey, in September 2003.

Mr Witcher, of Drayton, Hampshire and Mr Lang, of Whitehill, Hampshire, both deny rape and indecent assault.

Winchester Crown Court heard Mr Witcher was convicted of misconduct last year.

Dismissed from police

Questioned by defence counsel Antony Chinn, Mr Witcher said that a jury failed to reach verdicts on counts of rape and indecent assault at a previous trial in November.

He said he had been convicted of misconduct in public office by having sex with the woman on duty, lying about a radio conversation and failing to report a crime.

He had been dismissed from Surrey Police.

The court was told the alleged rape victim made her complaint after she was visited by a Surrey Police officer investigating the misconduct on duty.

Mr Witcher told the court the woman had got into the two Pcs' marked police car after being assaulted outside a nightclub in Godalming.

'Extremely drunk'

When they got to her home she kissed him on the lips and had sex with both the officers, he said.

"I felt guilty that I had sex on duty and had gone behind my wife's back," said Mr Witcher.

Mr Chinn asked: "Was any violence or force used towards her apart from having sexual intercourse?"

Mr Witcher replied: "None at all."

The alleged victim was extremely drunk, having consumed 12 vodka and Red Bulls, the jury was told.

The case continues.