To make sure you never miss out on your favourite NEW stories, we're happy to send you some reminders

Click 'OK' then 'Allow' to enable notifications

Man Accused Of Rape Gets His Penis Out in Court In Attempt To Prove Innocence

Man Accused Of Rape Gets His Penis Out in Court In Attempt To Prove Innocence

Desmond James' accuser said that her assailant's penis was lighter than the rest of his body - so he got his out to prove that his is darker

Mike Wood

Mike Wood

A man standing trial for sexual assault has exposed his penis to the jury in an attempt to prove that he is innocent of the crime.

Desmond James, 26, is currently on trial in New Haven, Connecticut, and was allowed to drop his trousers to the court after the colour of the assailant's penis became a key factor in the trial, reports the New York Post.

The woman making the accusation of rape claims that the man who assaulted her had a penis that was a lighter colour than the rest of his body, causing Mr James' lawyer to make the counter claim that his client's penis was in fact darker than his body.

Thus, Mr James was allowed to drop his trousers and expose himself in order to prove his lawyer's claim.

Judge Elpedio Vitale assented to the request by Mr James' lawyer after he decided that it fell within the realms of the Sixth Amendment to the US Constitution, which covers the right to a fair and speedy trial. He described it as 'non-testimonial' evidence that was 'sensitive in nature and highly personal'.

File photo.
Pixabay

James then stood in the middle of the courtroom and exposed himself, to a combination of laughter and shock. Immediately after the incident, Mr James's defence counsel rested their case.

"You saw a penis that is darker than the rest of his skin. For that reason alone, you must acquit," said his lawyer in his closing statements. "You may have noticed because of my client having to show his penis . . . the gallery's a little more full today."

He added that a physical display was necessary because photography or film could be accused of having manipulated the lighting or film.

The state prosecution cast aspersions on the physical evidence, pointing out the many changes that could have occurred in the six years since the alleged crime was committed in 2012.

"You saw the defendant's penis - what was that?!" said the prosecutor, Stacey Miranda.

"It is six years later. Do we have any idea of what she may have been seeing that night? What his manscaping was like at the time? What light was shining on it?"

Miranda also referenced other arguments in the trial that made the defendant getting his penis out irrelevant: especially DNA evidence that strongly matched that of James that was found in relation to the crime.

The trial continues.

Featured Image Credit: Police handout

Topics: Police, News, US News, crime, court