Thursday, 16 February 2023

Hung Jury In: "Can I Have A Go?" Rape Trial

A homeless passer-by, accused of raping an A-Level art student after asking: “Can I have a go,” may face a re-trial after a jury failed to reach a verdict.

Rough sleeper Wesley Roden, 33, was on the run from police when he stumbled upon the drunken 18 year-old being raped by a mystery male in Victoria Embankment Gardens, Charing Cross, the trial heard.


Roden, of Museum Street, Warrington, who Southwark Crown Court was told has twenty previous criminal convictions, including assault; theft; harassment; criminal damage and threatening behaviour, pleaded not guilty to raping the young woman on August 16, 2019.


The eleven remaining members of the jury confirmed not even a majority verdict of ten of them was a prospect and Recorder Tom Forster KC announced: “I don’t have any option but to discharge the jury in this case.


“You have all done your best and you should be proud of yourselves,” he told them. “Thank-you for your time, energy and concentration.”


The Crown Prosecution Service asked for a week to make a decision on any re-trial after consulting with the complainant and the case will return on February 22.


The young woman and two female friends drank vodka, beer and cider as they travelled from the outskirts of north London to West End superclub Heaven, where one of the other girls was refused admittance, due to intoxication.


Later police tests also reveal the complainant had consumed cannabis, cocaine and ketamine and she confirmed to police she was “ten out of ten” drunk.


She split with her friends when they tried to sober up in McDonald’s and was caught on CCTV walking from Heaven to the small closed park around 2.40am with a mystery male, still being hunted by police.


The student gave a video-recorded statement to police after she and a good Samaritan waved down officers, which was played to the jury.


“The snapshot I have in my head is lying on the grass in a park with a man over me and feeling pain around the hips,” the teenager explained, confirming she had little memory of how she got there.


“I remember lying on the grass and my underwear and tights were around my ankles and my legs were pushed up.


“The first man, I don’t remember his face. I could feel him having sex with me and a pain in my hips.


“It felt surreal and I was ten out of ten for drunk.


“I remember his body moving over me and sexual moaning and him holding me down on my arm and I have a bruise where he held me.


“My knees were up to my chest and I was just wanting for it to be over and was blacking in and out, distracting myself.


“Another man came over with a beard  and said: ‘Can I have a go?’ and the first man says: ‘That’s a bit weird,’ and then said: ‘Once I leave you can do what you want with her.’


“The second man looked at me and saw I wouldn’t do anything or stop it.


“He was over me and then he was gone. I woke up on the grass and realised everything that had happened.


“I was on the grass and clicking in my head all the snapshots leading up and then ran to the gate and was banging on the gate and I told a man I needed help and to call the police.


“I don’t remember how I got to the park, I did not know where I was or where my friends were and I was scared and confused.”


Roden does not deny having unprotected sex with the young woman - confirmed via DNA - and immediately gave his version of events when police found him sleeping nearby the next day.


“He did not look well put together, his clothes were scruffy,” the complainant told the police.


“When he said: ‘Can I have a go?’ I was thinking: ’No, no, no,’ but I don’t know if I said it. I felt like I was paralysed.”


Prosecutor Ben Temple told the jury Roden was questioned by police. “He suggested in interview the complainant was an enthusiastic partner who instigated sexual activity and said: ‘She had the time of her life.’


“He said she was a slut and that she told him she had sex with strangers every weekend  and was a: ’Twisted little slag.’


“He can dish it out in interview, but is not prepared to put his money where his mouth is,” added the prosecutor, referring to Roden’s decision not to give evidence to the jury.


He also told police: “She is trying to stitch me up,” insisting she physically pulled him  towards her by his crotch, gave him oral sex and demanded: “Come and f*** me.”


He was arrested the next day by PC Ryan McKinley, who told the jury: “He was a little bit too jovial about it. Like it was banter.


“He was not well kept. He had clearly been living out for some considerable time. He fist pumps the other male and says ‘get me involved’ while that male is raping the girl. There’s clearly no consent there.”

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