Brisbane toilet rape conviction quashed after judge intervened over question of consent
Teenage complainant told friend she froze when 50-year-old man followed her into bar toilet and began having sex with her
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The Queensland court of appeal has quashed the rape conviction of a Gold Coast man, and ordered a retrial, in a case where he followed a woman, 19, uninvited into the toilet of a Brisbane bar.
Darryl John Clancy, 50, of Highland Park, was found guilty of rape by a jury in 2021. The court of appeal ruling annuls the verdict on the basis that the trial judge’s interventions during the initial hearing amounted to a miscarriage of justice. This included that the judge effectively prevented defence counsel from questioning the alleged victim whether she had allowed Clancy to have sex with her.
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