miwahni (miwahni) wrote,
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What The Fork?

Fork rape charge conviction quashed
Date: 13/05/05

A conviction has been quashed against a man who allegedly raped an intellectually impaired man with a fork.
The man, who cannot be named for legal reasons, was convicted of raping the 48-year-old man in April last year, and sentenced to seven-and-a-half years in jail.
However, the Queensland Court of Appeal has set aside the conviction and ordered a retrial.
At the trial, the prosecution alleged the man visited the intellectually impaired man at night and inserted a fork into his anus.
He allegedly told him not to tell anyone, laughed and walked out.
The trial heard the fork was lodged in the man's anus for as long as four months before a doctor removed it.
When asked by his family if he had done it himself, the man replied he wasn't that silly and said the defendant had done it.
But the three appeal court judges found that medical evidence that came to light after the trial had thrown the conviction into question.
Dr Douglas Nicholson claimed it was highly unlikely a standard-sized fork could remain inside a rectum for four months without causing severe pain, spasms and widespread infection.
He also said the insertion of the fork would be difficult without the aid of the man himself.

"...had Dr Nicholson's evidence been before the jury, there would have been a significant or real possibility that a reasonable jury would have acquitted the appellant," wrote Justice Margaret McMurdo.
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