Carrot Bay resident Cuthbert Robinson was found not guilty of rape on Friday.
Mr. Robinson was charged with rape and two counts of indecent assault in March 2017, but a jury of seven women and two men unanimously acquitted the 46-year-old father on two of the charges last week.
The jurors were deadlocked on the second count of indecent assault — at five to four — and Justice Ann-Marie Smith discharged the group from returning a verdict on that count. Prosecutors indicated that they did not wish to proceed with a trial in relation to that charge.
Ms. Smith asked the Beacon in court to refrain from publishing the complainant’s name in order to protect her privacy.
Allegations
Principal Crown Counsel Tiffany Scatliffe-Esprit had alleged that on Feb. 21, 2017, Mr. Robinson picked up the woman in Road Town, touched her without consent, drove to Nanny Cay and then had sex with her in the car.
Video footage shows Mr. Robinson’s vehicle entering Nanny Cay at around 7:31 p.m. and leaving about 20 minutes later, the judge said.
Mr. Robinson’s attorney, Patrick Thompson, asked the woman during last week’s trial why she didn’t attempt to run away or jump out of the car. The virtual complainant responded that she was afraid during the alleged encounter.
Ms. Smith instructed jurors on several elements of the case before their deliberations, and added that sexual assault victims “behave in a wide spectrum of ways.”
Though there was no evidence provided in court to show that the complainant had a diagnosed mental disability, the justice reminded the jury that two witnesses had said the woman has some “limited cognitive ability” and that she had “muttered and spoke to herself” during testimony.