Tomas McGarvey’s client unanimously acquitted of Rape, Voyeurism and sharing an intimate film

Tomas McGarvey, instructed by Jessica Dent of Shelley & Co Solicitors, represented “D” who was unanimously acquitted of rape, voyeurism, and sending an intimate video.

The prosecution alleged that D raped the complainant, following a 3-day alcohol and drug fuelled binge, whilst the complainant was unconscious. It was further alleged that, following the alleged rape, D recorded a video of the complainant undressed and, on the bed, for the purpose of sexual gratification, and that he sent this to others for the purpose of causing the complainant alarm, distress or humiliation. The short 11-second clip was accompanied by the following text, “I think I have killed her”. 

The complainant gave evidence and suggested that there had been two occasions of sex, the first which was consensual, and a second occasion which was not. On the second occasion is was alleged that D raped the complainant whilst she was unconscious and that she came around during the alleged rape. 

D gave evidence that there had been only one occasion of sex; the consensual sex mentioned by the complainant. He denied a second occasion. D stated that the complainant had a seizure after consensual sex and that he recorded her to send to a friend to seek help. 

Tomas deployed a significant amount of forensic evidence including toxicology results to support inconsistencies in the complainant’s account and relied on what were said to be significant failings in the police investigation. 

D was unanimously acquitted after 2 hours and 45 minutes of deliberation.