Colin Witcher represented Mr X who faced an allegation of rape: the Jury returned a unanimous verdict of not guilty after a six day re-trial within less than an hour of deliberations.

The allegation was that at a house party Mr X had entered the bedroom where the complainant was sleeping and raped her. The complainant awoke and in fear was unable to stop the defendant who was older, bigger and much stronger. The complainant left the bedroom and reported the alleged rape to her friend immediately, thereafter leaving the house party and reporting the rape to another friend before repeating the allegation to the police.

It was the defence case that the entire allegation was invented; not simply the act of rape but even the act of sex. Mr X denied entering the bedroom, yet alone touching sexually the complainant. The Crown however called evidence from the defendant’s then girlfriend who alleged Mr X had confessed to having sex at the house party, which Mr X denied was true. The motive for the false allegation was unclear; Mr X had only met the complainant that evening.

Counsel was instructed by Mel Kelemework of ABV Solicitors