[2025] EWCA Crim 1320

The Facts

On 27 November 2021, the appellant, who had turned 19 just days earlier, was asked to look after his 11-year-old half-sister and his 8-year-old half-brother while their parents worked. The girl had asked to go out to play but, before leaving the house, her father had told her that she must first tidy her bedroom. The appellant had been helping his sister tidy her room. After a while, she got into bed and asked him to leave. Instead, the appellant got under the covers and started to touch her. He touched and kissed her breasts and then her vaginal area, initially over her clothing but he then removed her clothes. He pulled her on top of him and kissed her chest and face. He masturbated himself while she was on top of him to the point of ejaculation. The appellant took off his own clothes and repositioned his sister so that she was on top of him but facing in the opposite direction. He then licked and kissed her vagina. He tried to push her head down towards his penis but she resisted. She tried to push him off but he kept on grabbing her back. He turned her around again and penetrated her with his penis.

The sister was in pain. She told him to stop but he kept on pushing his penis further into her. She then pushed him away and managed to climb off him. She rang her grandmother in tears to say what had happened and her parents rushed home. The police were promptly notified and the appellant was arrested.

In police interview, the appellant denied any sexual activity. Subsequently, the appellant made partial admissions to his mother but claimed that his sister had taken off her own shorts and knickers and climbed on top of him, at which he said that he had started to lick her vagina. He claimed that she then removed his trousers and lay on top of him. At that, he said that he had kissed her neck but then pushed her off. He denied penetrating her with his penis.

The sister's knickers were examined and found to have the appellant's saliva on the crotch region consistent with his having performed oral sex on her. The appellant was re-interviewed. He told the police that his sister had removed her clothes and put her vagina into his face. He said that he had started to lick her but stopped when he realised it was wrong and pushed her away. He also suggested the complainant had then removed his trousers and sat on top of him resulting in his penis being inside her vagina but he denied that he had himself put his penis inside her.

The appellant's housemate, Steven Birtles, provided statements to the police. He said that the appellant had an arrogance about him and that he used to bring women back and was going out all the time. He also reported that the appellant had admitted what he had done to his sister.