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CHARGED: Melvin Jackson, 48, of Kansas City, US, is accused of raping an unconscious woman in broad daylight claiming he 'thought she was dead'

A MAN accused of raping an unconscious woman in broad daylight on a busy US street told police he “thought that lady was dead.”

The victim who cannot remember the assault had stopped to sit down after feeling dizzy on Wednesday, June 29, 2011.

She later woke up with her underwear missing to shouts from a bystander saying: "Help her! Get off her!"

A passing witness flagged down police and told them she saw 48-year-old Melvin Jackson, of Kansas City, having sexual intercourse with the woman.

According to reports, when Jackson was approached by police officers his trousers were unzipped, and he told officers he had only touched “a lady’s leg" and that he thought she was dead, according to court records.

During a police interview it was alleged Jackson shouted: “Did that lady say I did something to her?”

A Jackson County prosecutor said: "I've been a prosecutor for a long time, so you kind of get to the point where not a lot surprises you…this is a new one.

“This is not one that I've seen come through before."