Three men jailed for rape after trial reinstated

13/02/2015

Three men have today (Friday, 13 February) been jailed for a combined total of 18 years for the rape and sexual assault of a 23-year-old woman.

In a protracted attack in a Lincoln flat' Michael Armitage, 42, Rafal Segiet, 40, and Pawal Chudzicki, 47, subjected their victim to an ordeal which lasted 20 hours. Today they were each sentenced to six years' imprisonment at Lincoln Crown Court.

The issue central to the prosecution case was that the victim lacked the capacity to consent to the sexual activity. The victim, who had been drinking, was taken by the men in a taxi to the flat where the attacks took place on the night of 27 October 2012. She had been out with friends but had become separated from them.

The trial, which began on 5 January 2015 at Lincoln Crown Court, was suspended for a number of days after the trial judge ruled that there was insufficient evidence to put before a jury on the basis that a lack of memory does not amount to a lack of capacity to consent.

The prosecution sought a ruling from the Court of Appeal on the evidential sufficiency of the case, arguing that the full context needed to be taken into consideration when considering the issue of consent, including mobile phone footage taken by one of the defendants and blood tests demonstrating a high level alcohol in the victim's blood. The Court of Appeal ruled in favour of the prosecution and the trial continued.

Lawrence English, CPS East Midlands Senior District Crown Prosecutor, said: "This was rape as it was clear the woman was in no state to consent to sex. While it is, of course, true that lack of memory, on its own, does not prove lack of consent, the context in this case showed that this victim was taken advantage of because she was incapacitated, and that she could not have consented to sexual activity.

"It is against the law to engage in sexual activity with someone who is clearly unable, through drink, to give their consent. We are pleased that the Court of Appeal ruled in the way it did and the case proceeded to the jury for a verdict.

"The victim in this case has shown tremendous courage in this case. She suffered an horrific ordeal because of the actions of these three men and we are satisfied to see justice has been served."

Further Information: On 28 January 2015, the Director of Public Prosecution, Alison Saunders, launched toolkits for police and prosecutors on the issue of consent. For the first time, the toolkits spell out situations where a potential victim may have been unable to consent due to incapacity through drink or drugs, for example.

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