A JURY took just 90 minutes to clear a 23-year-old from Harwich who was accused of raping a woman in her sleep.
Callum Cole, of Devall Close, Ramsey, had been standing trial at Ipswich Crown Court charged with six counts of rape and one count of sexual assault, with the jury beginning its deliberations at 11.30am on Thursday.
A unanimous not guilty verdict was returned within an hour and a half.
During the trial, the court heard how Cole allegedly raped a woman six times between 2020 and 2021, with the complainant then going to the police in 2022.
The jury was shown a video of the complainant’s police interview, and Cole was cross-examined by Ms Brennan for the defence, and Mr Brown for the prosecution.
Several character witnesses also testified on behalf of Cole.
The crux of the prosecution’s case was a text sent by Cole in response to an accusation made by the complainant that he had raped her.
The prosecution said Cole’s response of “I understand” indicated “an acceptance that she’s making a legitimate complaint”.
However, Ms Brennan told the court during her closing speech on Wednesday how it would be implausible for the complainant not to have woken up if she was being raped in her sleep.
She said: “The allegation is that Cole has managed to remove her clothes, have sex, and put all her clothes back on again without waking up.
“You will wish to ask the question: really?”
She continued by saying the police never questioned Cole about his text message which read “I understand”.
She continued: “The police didn’t even question him about that [the text message].
“What do you think a dishonest defence would do in circumstances where the prosecution can’t prove that the defendant ever sent a message or used those words?
“Do you think such a dishonest defence would come to court and say ‘I never said those words’?
“That is exactly what the defendant could have chosen to do – he could have lied his head off, but not Callum Cole.
“He can’t lie – it’s not in his nature.”
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