A MAN accused of raping his ex-girlfriend was removing her clothes so he could put her to sleep in his bed after a heavy drinking session, a court heard.

Martin Peters, 35, of Bollans Court, off Goodramgate, York, told York Crown Court that he was trying to make the woman more comfortable by removing her boots, her top and undoing her trousers while she was asleep on his sofa.

He said that when she awoke she misunderstood the situation, hit him, grabbed her clothes and fled the flat.

Peters denies raping the woman.

The court had previously heard from the woman that she had woken to find herself naked from the waist down and Peters raping her.

The incident allegedly happened in January after the pair had visited pubs and a restaurant in the city, consuming a large amount of alcohol, including bitter, red wine, strong lager and champagne.

Peters, a freelance photographer, told the court they had both been very drunk and had fallen asleep together on his sofa underneath a blanket.

He said: "I woke up absolutely freezing, I can't say how long I had been asleep, about 20 minutes.

"I was a bit annoyed that I had drunk champagne. I wanted to go to bed, I wanted to go to sleep.

"There was no way I would've had quality sleep in that situation having to get up the next day for work.

"I took her boots off. I think she had a black top on, it was one you pull over your head.

"I took that off and she had like a t-shirt top on underneath. That stayed on.

"I started to undo her trousers. I was going to carry her to bed and we were both going to sleep.

"She woke up and hit me across the mouth. She went ballistic."

Under cross-examination by prosecutor Tina Dempster, Peters described the incident as a "lapse of judgment."

He said: "In hindsight it was a foolish thing to do. I wanted to put her to bed and I started undressing her."

Miss Dempster said: "Why take her clothes off if it was freezing?"

"I don't know, I just did. I have no explanation, I was very, very drunk."

Peters' friend and former girlfriend, Jennifer Bell, described Peters in court as "caring and considerate" and a character reference was also read out from Andy Edwards, of Leeds Metropolitan University, describing Peters as a "resourceful, energetic, articulate person."

Miss Dempster, summing up, said: "They do think he's creative, they do think he's intelligent, they do think he's kind and caring - but so did (the woman) until January 2003."

The trial continues.

Updated: 11:00 Friday, August 01, 2003