Mr V

Mr V was convicted in August 1994 of rape and received a sentence of ten years’ imprisonment.

The CCRC received an application for review of the conviction in May 1997.

Mr V had been convicted of the rape of his young daughter.

At trial, expert medical evidence was given that gynaecological examination supported the conclusion that the complainant had previously been sexually penetrated.

This expert had examined the complainant three years after Mr V had been ejected from the complainant’s household, at which point he ceased to have the opportunity to commit the offences.

However, the jury was not told that an earlier examination by the same doctor had found that the complainant had then been a virgin.

This earlier examination had also taken place after Mr V had ceased to have any opportunity of contact with the complainant.

This therefore provided powerful evidence that penetration had occurred at a time when Mr V no longer had the opportunity to commit the offence.

The report of this earlier examination had been withheld from the defence and the court and was only obtained following the CCRC’s review of social services and medical files.

The CCRC referred the conviction in September 2002.

The Court of Appeal quashed the conviction in April 2003.