JURORS have not been able to reach a verdict on two of the charges in the trial of a man accused of raping a woman by stealthing – taking a condom off during sex without the other’s permission – and filming her without her consent.
They found Michael Deakin (46) unanimously not guilty on one count of rape, but were unable to come to a verdict on a second charge of the same offence and one count of voyeurism – non-consensual recording during a private act for sexual gratification.
The court had previously heard that the offences were all alleged to have been committed on an evening in 2024, when a woman known to him had agreed to meet to have sex at his flat.
The woman told the court that the first count of rape – the one on which the jury could not reach a verdict – had taken place earlier in the night while she was consensually blindfolded and unable to see him removing a condom.
This, she said, was what was happening in a video – which she alleges he filmed without her permission – which was shown to the jury.
The video showed them having sex, while a condom, which she accused him of having taken off during sex, was on the bed next to them.
Meanwhile, Mr Deakin was found not guilty on the second count of rape, which was not filmed.
While giving evidence, Mr Deakin said he had initially “forgotten” to put on a condom when they first had sex but put one on when instructed to do so.
He said than he had not been intentionally removing it but that it kept falling off because he was struggling to maintain an erection. He also said that he believed that the woman wanted him to film them.
It was mentioned several times in court that it was the role of the prosecution to prove that the defendant was guilty, rather than it being the responsibility of the defendant to prove his innocence.
In her closing speech, Advocate Heidi Heath, defending, told the jury that they should only determine that Mr Deakin was “guilty” of the offences if they thought it had been sufficiently proven that he had committed them.
The ability for there to be retrials in the outcome of a “hung jury” – such as was the case with the remaining two counts – was removed in 2018 when an amendment was made to the Criminal Procedure (Jersey) Law.
Home Affairs Minister Mary Le Hegarat has lodged a proposition which would reintroduce retrials in the event of a hung jury in an attempt to ensure the “unfortunate outcome” of the L’Ecume II trial, where a jury could not reach a decision on manslaughter charges, is not repeated.
The matter is due to be debated this week.
