Australian cricketer Alex Hepburn, who was imprisoned for raping a sleeping woman in England, has actually lost his interest have his conviction reversed.
Hepburn, 24, was jailed for five years last year for attacking a “dozing” female during a “conquest” contest he helped establish on messenger service WhatsApp.
The ex-Worcestershire gamer was found guilty of oral rape but cleared of another count of rape on the same female.
The prosecution had actually claimed he was “fired up” by the contest to sleep with the most women, prior to performing the rape at his flat in Portland Street, Worcester, on April 1 2017.
Hepburn challenged his conviction at the Court of Appeal earlier this month.
However, in a judgment handed down, three senior judges, consisting of the Lord Chief Justice Lord Burnett, dismissed his appeal, saying: “The conviction is not risky.”
London’s Appeal Court heard earlier this month that messages about a sex game need to not have actually been exposed at the rape trial.
Appeal Court judges were informed the posts presented to the jury did disappoint Hepburn was willing to have sex without consent.
Many of the messages related to a game in between Hepburn and a variety of others to acquire sexual encounters, the court heard.
Hepburn’s attorney David Emanuel said that was “just not supported by anything in the messages”.
Mr Emanuel informed the judges: “I accept it would be various if there was talk of sex against will, or hoax to acquire a point, or taking a chance, however there’s absolutely nothing like that in the messages.
” They are too far removed regarding have the ability to be to do with the facts of the supposed offence.”
Miranda Moore QC argued that it was right that these WhatsApp messages were heard at the trial.
She informed the court that “this wasn’t a little boylike banter at a moment” however a “deep-seated and long-running game in between a variety of expert sportsmen”.
Imprisoning Hepburn at Hereford Crown Court last year, Judge Jim Tindal told the cricketer he and a former teammate, Joe Clarke, had actually accepted a “pitiful sexist video game to collect as many sexual encounters as possible”, following a comparable stunt the previous year.
In remarks about the WhatsApp chat group, the judge stated: “You most likely believed it was laddish behaviour at the time.
” In fact it was foul sexism.”
This story initially appeared on The Sun and was replicated with consent