Rape – Date Rape

In this case, the defendant was a male sailor accused of raping a female sailor in his unit.

The defendant stated that he and the alleged victim were involved in an affair prior to departing on a WestPac cruise. The defendant’s wife had moved home, leaving him living alone in their apartment. The alleged victim then came over to spend the night with the defendant shortly after the wife left. Early that morning, around 5:00 a.m., the alleged victim ran to the nearest 24-hour mini-mart and claimed she had been raped.

The prosecution used the sexual assault nurse to testify that a rape exam showed vaginal injuries consistent with sexual assault. Further bolstering the prosecution’s case, the nurse stated that examination showed the alleged victim’s underpants were ripped and torn.

However, intense cross-examination by the defense illustrated to the jury that the alleged victim was in fact a liar. Mr. Nimmo was also able to clearly illustrate that the sexual assault response team nurse was wrong on virtually all counts. She was either extremely biased or extremely incompetent on basic medical principles.

With the help of strong courtroom presence and strategy by the defense, the jury found the defendant not guilt of rape.