Nneka Akudolu’s client found not guilty of the rape of ‘unconscious complainant’
The defendant and friends had been drinking heavily and all gone home together. The complainant was described by various witnesses as ‘paralytic’ and unable to stand, walk or undress herself. The Crown’s case was that the defendant had waited for the rest of the group to fall asleep before vaginally raping the complainant while she was unconscious. The complainant returned to her own home during the early hours of the same morning and made an immediate complaint of rape to her boyfriend. Body worn footage played to the jury from the attending police officers showed the complainant to be highly intoxicated. The defendant undertook a voluntary interview to assist police with their enquiries and admitted having consensual sex with the complainant. He was immediately arrested. When interviewed under caution he refused to answer questions and did not give evidence during the course of his trial.