Rape suspect found not guilty after showing his penis in court

BY: thesun.co.uk
Desmond James was found not guilty of rape after showing his privates to jurors in court
Desmond James was found not guilty of rape after showing his privates to jurors in court

A rape suspect was found not guilty after he dropped his trousers and showed his penis to a stunned jury in court.

Desmond James, 26, was allowed to flash jurors in the US courtroom to prove his privates didn't match his accuser's description.

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His accuser said she was raped in 2012 by a stranger whose penis was lighter in colour than the rest of his skin.

James was brought before New Haven court, in Connecticut, after she picked him out of a photo line up as her attacker.

But his lawyer argued his privates were darker than the rest of his body and asked the judge if the defendant could prove it by showing his manhood to the jury.


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Judge Elpedio Vitale agreed his right to a fair trial meant the indecent exposure was necessary for the defence's case.

But Mr Vitale failed to warn the two women and six men on the jury about what they were going to see - saying only the defence was going to offer evidence that is "sensitive in nature and highly personal".

They were gobsmacked when James stripped off and exposed himself, witnesses said.

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“There were a number of troubling aspects in terms of the allegation. It evoked negative racial stereotypes,” Todd Bussert, defending, said.

“We felt in general that it didn’t describe our client.”

Two days later, on Friday, James was cleared of three counts of sexual assault.

The testimony was “embarrassing” for James — especially because court workers suddenly filled the room to see the spectacle — but worth it in the end, the lawyer said.

“If your liberty is at stake, he was willing to do that,” Mr Bussert said.

Despite being cleared of the rape, James is still serving time behind bars.

He is already doing 65 years for breaking into a house and raping a 10-year-old girl, according to the New York Post.