A man who was convicted for raping a woman after the condom he was using broke has been found not guilty.
The woman did tell him to stop, but he carried on.
Simon Bragg, an NHS worker at the time, was found guilty in December 2012 and jailed for three years. He would've received a longer sentence of at least four years, but the judge described the case as 'exceptional' and lowered the term.
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The incident took place in November 2011. The pair had been out drinking in Reigate town centre, and they went back to his flat.
Simon Bragg
They had consensual sex, but then when they had sex a second time the condom broke. Despite the fact the woman told him to stop, he continued. He was convicted due to this action.
During the trial in February 2013, Judge Christopher Critchlow made a point of saying that the case was "special in its factors".
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He had his appeal overturned at the end of last year so that a retrial could take place. However, this was abandoned on January 23 when the Crown Prosecution Service could offer no evidence.
He has now been found formally not guilty.
Source: The Metro
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