The appellant was in a relationship with the complainer who had stated that she was sleeping and woke up to find him penetrating her with his penis. On the other hand the appellant argued that while he was spooning her the complainer was allegedly grinding on him.
The question in this case was whether or not the appellant had reasonable belief that the complainer was consenting. Lady Dorrian argued that the evidence simply falls short in allowing the consideration of reasonable belief in constant to vaginal penetration.
As a result of this it was argued that the trial judge had tried to persuade the jury that the appellant had no reasonable belief that the complainer was consenting. Although the Crown noted that their position was that it was down to the jury in whether they believed that any evidence which supported the appellant in terms of supporting a reasonable belief in constant.
It was therefore concluded that the issue of reasonable belief was not allowed in this case therefore the appeal failed and was refused by the High Court of Judiciary.