An NHS worker has been cleared of sexually assaulting another man after telling a jury that the incident was a drunken misunderstanding.
Ntokozo Zulu was found not guilty of carrying out a sex act on a man who fell asleep at his flat after meeting him for the first time in the queue at a late night kebab shop in Barnstaple.
The complainant told Exeter Crown Court that he awoke to find his trousers and underwear had been pulled down and Zulu was leaning over him.
Zulu said they had both been drinking before and after they went back to his flat and he had little memory of what happened there. He said he was sure he would not have done anything without consent.
He was discharged from the dock as an innocent man by Judge Paul Cook after the jury reached their not guilty verdict at the end of a three day trial.
Zulu, aged 31, of Litchdon Street, Barnstaple, denied and was acquitted of engaging in sexual activity without consent.
The prosecution alleged Zulu met the other man outside the Barum takeaway in the early hours of July 13 last year after they had both been out clubbing.
The 23-year-old complainant told police he fell asleep while watching a video of Avatar and woke up to find Zulu performing the act on him.
He said he was initially frozen in panic but fooled Zulu into stopping by offering to reciprocate. He then jumped up and fled when he got off him.
A DNA swab from his penis later confirmed the presence of Zulu's saliva..
Zulu told the jury he could not remember what happened but was sure he had not taken part in any form of sexual activity without consent.
He said he was not the sort of person to do anything without consent but accepted the were both 'far gone with drink' and suggested it was 'a drunken misunderstanding'.