Gay man accused of tricking straight men into sex claims allegations ‘abused his human rights’ 

Mr Xavier (pictured) is accused of duping heterosexuals into having sex with him 

A gay man who allegedly duped four straight men into having sex with him by posing as a woman on dating apps said it was his human right to be ‘offended’ by allegations.

Duerte Xavier lectured police on sexual fetishes found in Craigslist and Tinder as he refused to answer questions linking the separate allegations during police interviews, a trial heard.

The bearded defendant is accused of tricking four heterosexual men men into having sex by pretending to be a woman online and having them wear blindfolds during their illicit encounters.

Today jurors heard the 33-year-old became ‘offended’ when asked why different men had made similar allegations against him during a police interview after he was arrested in April.

Investigating officer, Detective Constable Lucy Marsh asked him: ‘Well tell me how you are in these situations three times then?’

Mr Xavier, of Bournemouth, answered: ‘I will not discuss matters which are not related to this.

‘I’ve my Human Rights to say to you, to get offended by the way you are talking to me.

‘Everyone has different sexual lives and fetishes and desires. Each scenario is a different story and on this one this is what happened.’

Jurors heard Mr Xavier insisted his alleged victim knew he was a man and only accused him of sexual assault because he couldn’t get an erection during sex.

Mr Xavier (pictured) denies six counts of causing a person to engage in sexual activity without consent

Mr Xavier (pictured) denies six counts of causing a person to engage in sexual activity without consent

Mr Xavier (pictured) denies six counts of causing a person to engage in sexual activity without consent 

The victim placed advertisements on Craiglist titled ‘Battersea Park Hookup’ and ‘reward for sex’ saying he was looking to pay a woman for a sex act.

Mr Xavier’s denials emerged as a transcript of his police interview was read out by prosecutor Timothy Forster and DC Marsh.

The court heard he first sent an email to the man asking if he was around Wandsworth, describing himself as ‘fem-kink’ and ‘horny’.

The defendant said this did not identify him as a woman because his email address included his name and the term ‘fem-kink’ was ambiguously gendered.

He claimed the man had seen him naked in a ten-minute video call on WhatsApp before they met as well.

Mr Xavier said: ‘It was all consensual and that’s only perhaps when he was frustrated and didn’t get an erection accused me of sexual assault.

‘He saw all of me. I was naked. I was in the kitchen downstairs with the lights on. I was laying on the sofa.’

He said that the man saw he ‘was a full male’ in the video call but was unsure about whether to perform a sex act with the defendant, who claims to have reassured him.

‘I turned the WhatsApp conversations there was no suggestion I was a female either. I was clear that I was a male,’ he said.

‘Fem-kink can mean someone that’s feminine so I can be a man but feminine and kinky. It can mean I can be a feminine in a role play scenario, kinky.’

He appeared in the dock wearing a blue-white striped shirt and green tie denying six counts of ‘causing a person to engage in sexual activity without consent’ with four separate men, who cannot be named for legal reasons.

Jurors heard Xavier gave two prepared statements after three alleged victims reported him to police following encounters in August and December 2016 and October 2017.

He only answered questions in police interviews over allegations from a fourth man on April 4 this year – before he was charged with four offences and released on bail.

He refused to comment or give a statement after the alleged victim from his December 2016 incident came forward in July and he was charged with two further counts, the court heard. The trial continues.

 

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