Mirror.co.uk recently reported that British property developer, Ehsan Abdulaziz, 46, who was on trial for raping an 18-year old has been cleared of a rape charge, following evidence submitted to Judge Martin Griffiths, which supports the claim that he accidentally tripped and penetrated her. The teenager in question met Abdulaziz on August 7, 2014 at an exclusive club in the company of a 25-year old female friend. After a night out, Abdulaziz took both ladies to his home with the intent to have sexual relations with the 25-year old young lady, only, who he had known before that night.

The teenager slept on Abdulaziz couch in an effort to sleep off the alcohol in her system. She told the court she woke up to find her host, forcing himself on her on the sofa of his Maida Vale flat. He, however, said she tried seducing him when he went to wake her to offer her a T-shirt to sleep in or a taxi ride home. According to him, he just finished having sex with her friend and his penis was still protruding so he accidentally penetrated her when she placed her hand behind his head, causing him to fall on her. “I'm fragile, I fell down but nothing ever happened, between me and this girl nothing ever happened,” he insisted. The jury is reported to have spent about 30 minutes deciding which way to vote in the case.

In the United Kingdom, rape is an offence punishable by prison term. According to Wikipedia, the offence is created by section 1 of the Sexual Offences Act 2003:

“ 1 (1) A person (A) commits an offence if—

(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,

(b) B does not consent to the penetration, and

(c) A does not reasonably believe that B consents.

(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

(3) Sections 75 and 76 apply to an offence under this section.

(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Also, in January 2015, by way of moving rape allegations into the 21st century, the UK’s Crown Prosecution Service (CPS) issued a new document to all police forces and prosecutors. It instructs that the context of rape must be exhaustively examined. It insists that behavior such as staying silent or using contraception does not signify consent. Director of Public Prosecutions in the UK, Alison Saunders, made it clear that it was time to move beyond the ‘no means no’ debate and accused perpetrators will have to prove they got consent from the victim.

According to the BBC, the document also specifies that consent cannot be given in a case where a person is incapacitated through drink or drugs or where a suspect holds a position of power over the potential victim such as a teacher, an employer or a doctor. Furthermore, the document states that the ability to consent to sex should also be questioned where someone has mental health problems, learning difficulties or was asleep or unconscious at the time of an alleged attack.

As is the trend these days, critics have responded on social media. This tweet however hints that the justice system in the United Kingdom (UK) is apparently just as lax as in Saudi Arabia, where justice is incredibly sexist.

I'd assumed this actually happened in Saudi Arabia, where justice is somewhat, let's say, sexist, but

— Wings Over Scotland (@WingsScotland) December 16, 2015

Statista states that rape in England and Wales has been on the rise between 2003 and 2014. The rise in the crime for the latest period was particularly large, with an increase of 8,517 offences (41 percent).

Regardless of how weird Abdulaziz’ case is, a few experts have written in favor of this same situation in the past. In February 2015, public access barrister, David Osbourne, published an article on his blog called “Gagging for it”, where he emphasized that the act cannot be considered rape if the alleged victim was drunk at the time of commission. Mirror.co.uk published a part of the write up; “In my book, consent is consent, blind drunk or otherwise and regret after the event cannot make it rape....I have a very simple solution which I hope you will agree is fair. If the complainant (I do not refer to her as the victim) was under the influence of alcohol or drugs, or both, when she was ‘raped’, this provides the accused with a complete defence. End of story and a victory for fairness, moderation and common sense!”

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