EL instructed by: Simon O’Meara, Blackfords Solicitors
The alleged offences were said to have taken place at the home of a mutual acquaintance of P and the complainant following a night out during which alcohol and recreational drugs had been consumed. P, the complainant and two other friends were present at the property. The complainant was unable to remember events but said she did not give, and could not have consented to sex given her state at the time. An eye witness gave evidence that the complainant appeared to be asleep while P was engaging in sexual activity with her. Forensic evidence showed there had been sexual contact and the complainant attended hospital due to discomfort. P maintained that the complainant had been awake and participating in sexual activity.
P was found not guilty after a trial lasting nine days.