Jury retires in alleged rape trial

Wednesday 19 December 2018

A jury of nine men and three women has retired to consider their verdict in the case against a 40-year-old man accused of raping and indecently assaulting a teenage girl.

Derek David Allen is facing a jury trial in the Royal Court this week, for one count of rape and one count of indecent assault, both of which he denies.

Yesterday, after hearing from the girl herself, the jury listened to a series of forensic experts involved in the case.

Dr Deryn Evans, the Forensic Medical Examiner who examined the girl at the Sexual Assault Referral Center (SARC), said she was very conflicted about what to do and was worried about the consequences of her complaint for Mr Allen. Dr Evans said the teenager was clearly traumatised and struggling to process where she was, so much so that the doctor became concerned she was shocked.

Dr Virginia French, the FME who examined Mr Allen said he had declined any internal swabs, which she had explained would help identify the girl's DNA. 

Claire Morse, a Forensic Scientist, said that no sperm had been found on the girl but that it didn’t mean sexual intercourse hadn't occurred. She however said that Mr Allen's DNA had been found in the internal swabs taken on the teenager.

Ms Morse said that a DNA profile matching the girl’s with a probability of one in a million had been found on the inside of Mr Allen's jeans, in the crotch area. She added that the DNA profile was indicative of a body fluid, although she couldn't confirm which one. She said this suggested sexual intercourse had taken place as touching wouldn't have transferred as much DNA.

Pictured: Forensic analysis showed the presence of the man's DNA in internal swabs taken on the girl.

Summing up the case for the prosecution, Crown Advocate Matthew Maletroit said that the girl had no reason to make false allegations against Mr Allen. He stated that there had been just over an hour between Mr Allen returning to the flat after buying cannabis and the girl arriving at the police station. He said this was a relatively short window for the girl to consent to having sex with the 40-year-old, then panic about it, decide to make a complaint and make her way to the police station.

The Crown Advocate said instead she had rushed out of the flat with her jeans inside out and no footwear to get to the police station as soon as possible. 

He urged the jury to “scrutinise” the defendant’s intentions. “What condition was (the girl) in when he decided to make a move on her,” he added. “This is the case of 40-year-old man inviting a teenage girl to give her a significant amount of alcohol and illegal drugs before making sexual advances to her. Is this not the clearest example of a man taking advantage of a young girl?”

The Crown Advocate argued that Mr Allen had given no evidence of any steps he might have taken to check the girl was consenting, before praising her for having the courage to make her voice heard in court. “There is ample evidence for you to be sure (Mr Allen) has committed the offences he is accused of,” he concluded before asking the jury to return a guilty verdict on both counts.

Pictured: The Crown Advocate said the girl had rushed out of Mr Allen's flat, barefoot, to get to the police station as quickly as possible.

Defending, Advocate Adam Harrison, said that the jury needed to be sure that the girl had not consented, or that Mr Allen had been reckless as to whether she had or not, to convict him. He said she was old enough to consent to sexual intercourse with an older man.

Advocate Harrison said Mr Allen didn’t pressure the girl to drink, have cannabis or to drink more than she wanted to, instead recalling that the girl had admitted liking a drink. “It was her idea to stay this late,” Advocate Harrison added. 

He pointed out to inconsistencies in the girl’s account, stating that she had mentioned oral sex and kissing Mr Allen back on some occasions, but not others.

He urged the jury to return a not guilty verdict.