Rape case jury must consider nature of sex

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First published in News

SUBMISSION by a woman does not mean consent, a jury was told in the case of a Headington man accused of eight counts of rape and five of causing actual bodily harm.

Judge Gordon Risius was directing the jury while summing up at Oxford Crown Court in the case of Lewyn Rudge.

The court heard how the 26-year-old, of Valentia Road, allegedly forced one of the girls to give him oral sex as well as “beating up” and raping the other one on her birthday.

The alleged offences took place between August 2008 and January last year, the jury was told.

On one occasion Rudge is alleged to have punched one of the girls in the nose and forced her to give him oral sex. When she attempted to go to hospital it is alleged that he caught up with her, grabbed her by the hair and pulled her home.

Judge Risius said: “Submission by a woman to something she doesn’t want to happen does not amount to consent.

“There have been references to alcohol in this case and you might be wondering whether it would make any difference to your decision if Mr Rudge was under the influence of alcohol. The answer is that you should certainly take into account any influence of alcohol.”

Rudge said he had consensual sex with both girls and the allegations have been brought forward to “get back” at him.

He denies the charges in relation to the two women.

Judge Risius will conclude his summing up today at which point the jury will retire to consider its verdict.

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