Rapist who had sex with unconscious woman fails to overturn conviction
Updated 6:20pm Thursday 13th March 2014 in News
A RAPIST who was jailed for attacking a woman while she lay asleep on a sofa can have no complaint about his conviction, top judges have ruled.
Graham David Rawsthorn, aged 48, had sex with his victim as she lay unconscious, but denied any wrongdoing when she woke up.
Rawsthorn, of Beech Walk, Leigh, was jailed for six years at Liverpool Crown Court in February, last year, after he was convicted of rape by a jury.
Now, three of the country's most senior judges at the Appeal Court in London rejected a conviction challenge by Rawsthorn, dismissing claims he did not receive a fair trial.
His lawyers argued that the conviction should be overturned because the trial judge inadequately summed up the case and prejudiced the jury by highlighting certain aspects of the prosecution's case.
But Mr Justice Silber, sitting with Lady Justice Sharp and Judge Peter Lakin, said: “In our view, there was nothing wrong whatsoever with the way the judge dealt with this.
“Read as a whole, there was nothing objectionable in the summing up. For these reasons, this application must be dismissed.”