stephen coxen

Stephen Coxen at hearing yesterday

She told Edinburgh Sheriff Court the man still continued even when she was crying and then forced her to perform a sex act on him.

She added: “I felt sick. I was lying down on my back. I found it difficult to breathe.”

Miss M was giving evidence on the first day of a landmark civil action which she has brought against the man she claims attacked her, Stephen Coxen, 23, from Bury, Lancashire.

Mr Coxen stood trial accused of raping her at her home in St Andrews, Fife, but walked free after jurors returned a “not proven” verdict, a third option between guilty or not guilty which is only available in Scottish courts.

In a legal first after an unsuccessful rape prosecution in Scotland, the woman is now seeking damages for the alleged attack and compensation for subsequent financial losses she says she has suffered.

She has been granted funding to cover her costs by the Scottish Legal Aid Board.

Yesterday Miss M told the court the attack happened whilst she was studying at St Andrews University after she returned home from a party during Freshers Week in September 2013.

She said she had earlier consumed four cans of cider, a bottle of rose wine, a bottle of champagne and three glasses of sparkling wine which she mixed with vodka.

She told Sheriff Robert Weir QC that she had problems recollecting what later happened after she went to a nightclub.

The next thing she could remember was being outside her house with a man she thought was a friend. But she then realised that she did not know the man.

Later she came awake in her bed to realise the man was having sex with her.

She said: “I tried to push on his chest. But I couldn’t do anything.”

Miss M told the court that after the man fled she found she had a tongue injury which later required surgery.

She maintains Mr Coxen is the man who raped and injured her but he is contesting the civil action. The hearing continues.

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