[2025] EWCA Crim 1467

V had lived for several years at a warden controlled residential retirement home in Tewkesbury where the offender's parents also lived. In 2023, the offender also moved into the retirement home and befriended V. He spent time with V and helped her on some occasions with housework. The offender then began to show V sexual videos on his phone, including videos of himself masturbating. V did not show any interest or response to being shown the videos. However, the offender took V into her bedroom, removed her clothing and had sexual intercourse with V without her consent (count 1). The offender repeated this activity on at least three further occasions over a period of approximately seven to ten days. Those occasions formed the basis for counts 2 to 4.

V disclosed the offences to a fellow resident of the retirement home and the police were contacted. In an ABE interview, when describing the first occasion, V said: "I said, 'No,' keep saying, 'No, no, no,' and he still done it…. He said, 'we’re still gonna do it.'". When describing the second occasion V said: "I told him I don't want more sex and he still done it.." On the third occasion the interviewing officer asked V if she had the offender that she did not want him to put his penis in her vagina to which she said: "Yeah, I told him a couple of times". The interviewing officer asked V whether she told him on the fourth occasion to which she said: "Yeah. He don't listen".

The offender was arrested and interviewed. He initially claimed that there had been no sexual contact between him and V and said that V was "as mad as a box of frogs". However when presented with forensic evidence of his semen on V's bedsheets, he answered "no comment" and then suggested that this was the result of an occasion when V had masturbated him. When he was presented with evidence that his semen had been found on intimate swabs taken from V, he then said that he had engaged in consensual sexual activity with V on one occasion.