A YORK father has told a jury that the woman he allegedly raped wanted sex with him.

Giving evidence, Stuart Niven, 43, claimed that the woman winked at him, led him to her bathroom and encouraged him to sexually touch her. "One thing led to another," he told York Crown Court.

Later he said: "We made love."

He also denied that he used the word rape a couple of days later to a mutual friend, Lee Sutherland, who has also given evidence in the case. Niven claimed that Mr Sutherland used the word, and he responded by saying that having sex with the woman was out of order because both were in sexual partnerships with other people.

Niven, of Acomb, denies a rape charge.

After sex, the pair went into the woman's living room, where her friend, Dominic Hucken, said he had heard banging.

Niven alleged that was caused by the woman hitting the wall during sex and that the woman told Mr Hucken: "It is that easy. That's what fun is about." A short time later she went with the other man into the bathroom.

Niven alleged that he followed and, after hearing the woman say something to Mr Hucken, told the other two to behave themselves and walked off.

Mr Hucken has given evidence that he thought the banging meant the other two had been messing about, and has denied having sex with the woman.

Niven alleged that Mr Sutherland threatened to break Niven's legs if he went voluntarily to police. He told the jury he did go to the police on his own accord when he heard they were looking for him. He alleged that the woman had made rape allegations against her husband and a previous partner.

The jury heard that a doctor and health visitors had recorded that the woman had told them her husband and a named man had raped her. In cross-examination, the woman denied making the allegations or telling health staff about them.

The trial continues.

Updated: 11:39 Thursday, January 09, 2003