24/11/2005

Consent 'doubt' sees rape case collapse

A rape case collapsed when a 21-year-old student told how she had been too drunk to remember whether on not she had consented to sex with a fellow student.

The female student had alleged that she had been raped in the hall of a residence in Aberystwyth University.

However, at Swansea Crown Court, High Court Judge Mr Justice Roderick Evans directed the jury to return a verdict of not guilty, as "drunken consent is still consent".

The defendant, a part-time university security guard, Ruairi Dougal, 20, from County Donegal claimed that the sex was consensual. His defence counsel argued that it was impossible for her to be sure whether or not she had given consent as she could not remember.

The prosecution, however, abandoned the case when the plaintiff gave evidence, saying that she could remember "something happening" in the corridor. She said that she would have brought the man into her room if she had wanted to have consensual sex, and was sure that she would not have consented.

The court heard during cross-examination that she had been unconscious and could not remember giving consent.

She complained to police two days after the incident. After interviewing Mr Dougal, police informed her that she had had full sexual intercourse.

The trial collapsed on the second day, when the prosecution abandoned the case on the evidence given to the court.

The case has provoked outrage among victim support and student groups who claimed that the law was not working to protect victims and have asked for a review of the case.

(SP)

Related UK National News Stories
Click here for the latest headlines.

23 March 2012
Spot Checks Find Abortion Consent Forms Being 'Pre-Signed'
Spot checks at more than 250 abortion clinics has found that some doctors are breaking the law by "pre-signing" abortion consent forms.
06 December 2005
Court case baby makes first visit home
Severely disabled Charlotte Wyatt has been allowed home from the hospital for the first time since she was born two years ago. Charlotte’s father, Darren Wyatt, collected her from St Mary’s hospital in Portsmouth today to take her home for a brief visit with her mother, Debbie. Two members of staff from the hospital supervised the visit.
07 March 2006
British woman loses legal battle over embryos
A British woman has lost her legal battle to use her frozen embryos to have a baby at the European Court of Human Rights. Natalie Evans, 35, from Wiltshire, had started IVF treatment with her then partner, Howard Johnson, in 2001, after treatment for ovarian cancer left her infertile.
24 July 2015
Development Consent For Power Stations Approved
The Department for Energy and Climate Change has approved development consent for two gas fired power stations in the UK.
06 February 2012
Labour Says Govt Needs Consent To Change Bonuses
The Labour party says it has discovered the Department for Transport has to give 'prior written consent' to Network Rail before it can make changes to its incentive policy.