Man tried three times for rape fails to get conviction overturned

A man jailed for 12 years for attacking and raping his friend in her home has failed in a bid to overturn his conviction, in what was his second appearance in the Court of Appeal over the same offence.

The 37-year-old, who cannot be identified to protect the identity of the victim, had admitted assaulting the woman but denied rape. He was tried three times as one jury could not reach a verdict and a second jury’s verdict was quashed by the Court of Appeal. A third jury convicted on one rape charge but disagreed on two further charges of rape.

In his appeal, lawyers for the man said that the trial judge erred by not properly explaining to the jury that the victim’s distress, as witnessed by three people after she escaped from the ordeal, could have been caused by an assault rather than rape.

The judges at the three-judge Court of Appeal found that the trial judge had adequately warned the jury of the dangers of convicting based on evidence of the woman’s distress.

Delivering judgment, Mr Justice Patrick McCarthy said the trial judge was right to tell the jury that evidence of distress can be "strong corroboration" of a complaint of rape. Mr Justice McCarthy sat with president of the Court of Appeal Mr Justice George Birmingham and Ms Justice Aileen Donnelly.

Following his third trial at the Central Criminal Court in February 2019, the man was convicted of one count of rape contrary to section 2 of the Criminal Law (Rape) Act 1981. The offence occurred on May 4th, 2012.

He was sentenced on May 9th, 2019 to 12 years’ imprisonment with six years post-release supervision.