Calls for national review of rape cases as man’s sentence quashed
THERE were calls for a national review of all rape investigations last night after a man had his conviction overturned when new evidence came to light four years after he was jailed.
Danny Kay’s sentence was quashed by the Court of Appeal when new evidence emerged to show that sex with the complainant had been consensual.
The case comes after two trials in London collapsed when it emerged that the police had failed to disclose crucial evidence that pointed to the defendant’s innocence.
The Metropolitan Police has launched an urgent review of every live rape case it is investigating – including 30 that are about to go to trial.
But there are now calls for the review to spread nationwide, amid concern there could be widespread miscarriages of justice under the current system. Nigel Evans, the Tory MP who was himself cleared of rape after a controversial investigation and prosecution, said last night: “If non and late disclosure is systemic, it simply will not be a Metropolitan Police issue, and every police force around the country needs to review its disclosure policy and – like the Met review – all live cases to make sure no miscarriages of justice can take place.”
Mr Kay, 26, appeared at Derby Crown Court in 2013 and after being convicted of rape was jailed for four and a half years.
However his conviction was overturned at the Court of Appeal on Thursday when judges ruled that new evidence had come to light that supported his defence that the sex had been consensual.
The new evidence, contained in Facebook messages, was not put before the jury at the original trial. The complainant had insisted that there had been very little contact between her and Mr Kay after the alleged incident.
But his lawyers argued that the Facebook messages showed that this was not the case. According to the Court of Appeal, the messages that were shown to the jury gave an “edited and misleading” picture of the conversation between the pair.
In his ruling, Mr Justice James Goss said: “We have come to the conclusion that, in a case of one word against another, the full Facebook message exchange provides very cogent evidence both in relation to the truthfulness and reliability of (the woman) ... and the reliability of (Mr Kay’s) account and his truthfulness.”
Leading criminal justice campaigners have said the way rape is investigated and prosecuted needs to be overhauled to improve the service offered to both suspects and victims.