R v Jannick Jensen
[2023] EWCA Crim 1706
R v Philip Mundle
24 October 2024
[2024] EWCA Crim 1289
Court of Appeal
A man was found guilty of raping a woman vaginally but not anally, even though the woman said both happened. The judge explained what 'anal rape' means, and the jury decided there wasn't enough proof of anal rape, but there was enough for vaginal rape. The court agreed there was no contradiction, and the guilty verdict stands.
Key Facts
- •Appellant pleaded guilty to assault by beating an emergency worker and was convicted of vaginal rape but acquitted of anal rape.
- •The incident involved the appellant and a highly intoxicated complainant (C) in an alleyway.
- •C testified to vaginal and anal penetration, while the appellant denied any penetration.
- •Cyla, C's friend, witnessed the incident but couldn't confirm penetration.
- •DNA evidence was inconclusive.
- •The jury asked for clarification on the definition of anal penetration.
- •The judge clarified that penetration of the anal orifice was required for anal rape.
Legal Principles
Sexual Offences (Amendment) Act 1992: Restrictions on publishing information identifying victims of sexual offences.
Sexual Offences (Amendment) Act 1992
Test for logical inconsistency between jury verdicts: The appellant must show that the verdicts cannot stand together and that no reasonable jury could have reached them.
R v Durante [1972] 1 WLR 1612; R v Fanning [2016] 1 WLR 4175; R v Mote [2007] EWCA Crim 3131; R v W (Martyn) (unreported) 30 March 1999
Definition of penetration for rape: The slightest penetration of the vagina or anus suffices; for anal rape, penetration of the anal orifice is required.
Sexual Offences Act 2003
Outcomes
Appeal dismissed.
The court found no logical inconsistency between the guilty verdict on vaginal rape and the acquittal on anal rape. The jury's question regarding anal penetration demonstrates careful consideration of the evidence and the judge's direction. The evidence allowed the jury to find sufficient evidence for vaginal penetration despite uncertainty regarding anal penetration.