Man’s rape conviction referred to the Court of Appeal
The Criminal Cases Review Commission (CCRC) has referred a man’s rape conviction to the Court of Appeal.
Mr GX was convicted of rape in June 2015 and was sentenced to 12 years’ imprisonment.
Mr GX was accused after he and two other men met a woman and drove to his house. She reported the following day that she had been raped by the men. Mr GX was the only one of the three men to stand trial.
The defence case included that the sexual intercourse was consensual and claims about the complainant’s credibility.
Mr GX applied to appeal his conviction in July 2015, but the Full Court dismissed the appeal in February 2017.
An application was received by the CCRC in October 2017, but this did not lead to a referral as the application raised similar issues to those considered in the appeal.
Mr GX applied to the CCRC again in October 2023. This followed proceedings taken against one of the other men who was also accused of rape, and a subsequent interview with the complainant which revealed new details about the night in question. The case against the other man was dismissed.
On review of these submissions, and further submissions which were received in August 2024, it has been determined there is a real possibility that the conviction may be overturned by the Court of Appeal.
[ENDS]
Notes to Editors:
- This release has been anonymised to avoid identifying the complainant in this case.
- The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.
- There are currently nine Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.
- The CCRC usually receives around 1,500 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.
- The CCRC considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal. Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.
- If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe.
- More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on X, Facebook, Instagram (@the_ccrc) and Linkedin.