A MAN who was accused of raping a woman in a field on the way home from a night out has been cleared by a jury.
The trial into Shane Farrow, of Spruce Avenue, Colchester, opened last week and centred around events which took place on the early hours of February 2, 2020.
The court heard how Farrow, 36, had sex with a woman in a field called Potters Brook in Parson’s Heath.
Joanne Eley, prosecuting, argued the woman had drunk so much alcohol that she was unable to consent.
She said: “From the toxicology back calculation, at 3.48am she was three times over the legal limit [for drink driving] – there are details of how intoxicated she was, despite what Farrow may say to you.”
She continued by saying that Farrow had failed to mention his cocaine usage in two interviews.
“You have to weigh up whether he’s telling the truth or not, and what he told the police about usage of cocaine that night.
“He disputed [using cocaine] during his second police interview.
“He then accepted he had been using cocaine that night, despite denying it previously – that may raise questions as to what else he has not been consistent about.”
Tara McCarthy, defending, argued the complainant was in a fit state to consent, and drew on the evidence of PC Felton who told the court how, after attending the 999 call, she didn't think the complainant was drunk.
PC Felton said: “I wouldn’t have said she was drunk – she didn’t have slurred speech.
“She didn’t smell overwhelmingly intoxicated – I think she probably had a drink, but I wouldn’t have called her drunk.”
Ms McCarthy continued: “Is it just easier for her to blame Farrow and say, ‘he’s raped me’?
“She gets to the front door and she takes her shoes off – that is a decision she has made.
“No one is suggesting that she isn’t drunk, but drunk consent is still consent.”
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