Man jailed for rape because condom split has conviction overturned

A former NHS worker has had his conviction for rape overturned following a retrial after spending three years behind bars.  Simon Bragg, an NHS worker living in staff accommodation at East Surrey Hospital at the time, was found guilty in December 2012 following a trial for one count of rape.

In February 2013, he was sentenced to three years, a shorter term than would usually have been handed out for that crime because the judge said the case was ‘exceptional’.

At the end of last year he had his appeal overturned and at retrial last month at the retail the Crown Prosecution Service offered no evidence and Bragg was formally found not guilty.

During the original trial case was described as as ‘in no sense a classic case of rape’ because he and the alleged victim had consensual sex following a night out in Reigate in November 2011.

However when they had sex a second time the condom split and Mr Bragg was convicted on the basis that he carried on despite this.

Judge Christopher Critchlow said at the time the case was ‘special in its factors’ and while the jury found Bragg guilty, the judge reduced the sentence from the minimum term of four years.

 

Source  reportuk.org

 

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