Policeman told female colleague 'if you're asleep you can't say no' after she 'refused to have sex with him' at his home | The Sun

A MET Police officer told a female colleague "if you're asleep you can't say no" after she refused to have sex with him on Valentine's Day, a hearing was told.

Luis Tickner suggested he would engage in sexual activity without the woman's consent and grabbed her arm to stop her from going, it was said.

The 5ft3in woman, referred to as Ms A, told the misconduct hearing today that Tickner grabbed her wrists to prevent her leaving his flat in south London.

She said she suffered a panic attack after he kissed her, put his hand on her throat and 'implied' he would rape her.

Tickner was a serving PC at the time of the incident on 14 February last year but he is no longer in the force after resigning last December.

He denies all allegations at the Met Police misconduct hearing at Empress State Building in Fulham.

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The tribunal heard that she went over to his flat in Tooting while they were both off duty to watch a film.

Alan Jenkins, for the Met Police, said: “At one point in the evening she indicated she wanted to leave…but former PC Tickner prevented her from doing so.

“He suggested that he would engage in sexual activity without her consent.

“He used physical force to grab her wrists to prevent her from leaving.”

Mr Jenkins said his actions caused Ms A to be “fearful”.

Giving evidence behind screens and therefore shielded from Tickner, Ms A told the panel: “He had called me a couple of days before and said that he had broken up with his girlfriend.

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“Then on the 14th he had, I don't remember if he called or texted me, basically implied to me that he was very drunk and very sad and that he was possibly going to hurt himself and so I went there because he asked me to and because I thought of us as friends and I didn't want him to hurt himself.”

When she arrived at his flat in Tooting, southwest London he was “quite drunk”.

The panel heard the pair spoke briefly with his housemate, also a police officer, before going into Tickner's bedroom to watch a film.

Ms A said she asked about his break up but he was not open to talking about it.

She had known him for a year-and-a-half at that point, working in the same building but never seeing each other socially, but they were not “massively close friends”, the tribunal heard.

She added: “At some point…Luis kissed me. That was consensual. I didn't mind that.

“But then he almost immediately pushed me away. So I sort of sat upright. I wasn't going to do anything.

“And then he pulled me back and then he kissed me again and then he pushed me away again and then he continued.

“At times he would push me away, I would sit upright, I would think okay he's clearly uncomfortable.

“He would then pull me back again and it started to get quite repetitive and uncomfortable for me.

'SCREAMING AND SHOUTING'

“At one point I had said that it was quite late and that I [should] probably think about going home and he said that I could stay at his house.

“I thought about it and I agreed because I didn't really want to pay the Uber price to get home.

“I said to him if I was staying that nothing like sexual would happen and he, I don't remember the exact words that he used, but he said words to the effect of: 

"If you're asleep you can't say no."' 

Asked if she ever thought she might engage sexually with him, Ms A said it had “crossed her mind” but she had decised to leave.

“I made that very clear by saying to him that I wasn't going to have sex with him.

“He said that if I was asleep I couldn't say no.” 

His response made her feel 'scared', the tribunal was told.

She continued: “At one point I think he kissed me and he put his hand on my throat and I pulled his hand away and told him not to do that and he started screaming and shouting at me to not touch him like that to not pull his hand away like that.

He said words to the effect of 'If you're asleep you can't say no'

“I started to have a panic attack because he was shouting at me and I got up off the bed and I went to like the corner of the room and had this panic attack.

“I sat back down on the bed and started to put my shoes on and I said to him I was leaving and he grabbed my arm and he said that I couldn't leave and then he pulled me back down and he said I can't leave don't leave.

“The way he was saying it he was shouting it and I just felt like there was no option but to just do what he wanted.

“So I started to think of options of things that I could do and thought, ‘He's quite drunk, he's going to fall asleep at some point if I stay awake I can wait until he falls asleep I can find a way to get my phone and get an Uber. And that's what I did.

“I sat on the bed and I waited for him to fall asleep and I made sure he was asleep, pushed him, said his name, and I managed to get my phone from the wardrobe and I left.” 

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The panel heard that the pair had three phone conversations the next day in which she told him what had happened. Tickner allegedly said that if she told anyone it would ruin his career.

The former officer denies preventing Ms A from leaving his home, suggesting he would engage in sexual activity without her consent and using physical force against her.

The tribunal continues.

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