A JURY was today expected to decide if a York husband and father-of-three raped an overnight visitor in his house.

Yesterday David Glen Atkin, 42, alleged he was shocked when police woke him in his bed and arrested him.

He claimed that his main priority on the morning of October 19 was to protect his 21-year-old marriage.

He alleged he had had sex with a 22-year-old woman the previous night in his house and she had enjoyed it.

The next thing he remembered was police arresting him on suspicion of raping her.

"I was in a state of shock," Atkin told the jury as he gave evidence in his own defence. "All I could think about was Caroline (his wife)."

He added: "I think I thought maybe our marriage would be over."

"What were your priorities that morning?" asked defence counsel Geraldine Kelly.

"To protect my marriage."

The jury have heard that the same day, he told police he could not remember having sex with the woman.

In evidence he gave his account of how they had sex. The woman has alleged he forced himself upon her when she was staying overnight at his house.

Atkin, of Fountayne Street, The Groves, denies rape.

He alleged that he was drunk when he returned to his home at about 11.30pm on October 18. His wife and the other woman had apparently been drinking all evening.

While his wife was out of the room, the 22-year-old made a sexual movement, alleged Atkin. He also claimed that she had made sexual comments about older men on previous occasions.

He may have said good night to the other woman, who was staying overnight, on the way to bed, where he fell asleep.

He claimed that when he woke some time later and found a woman next to him he thought it was his wife.

After some foreplay, he realised that it was a different person. She seemed to enjoy what he was doing and he had sex with her.

He alleged that they did not say a word to each other and if the woman had said no he would have stopped.

The next thing he remembered was police waking him.

He told the jury he has hosted exchange students for York University for years without any complaint of inappropriate behaviour.

Updated: 08:44 Friday, April 19, 2002