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Complainant Name:
Stephen Davies and Eleanor Parker

Clauses Noted: 1

Publication: The Independent

Complaint:

Stephen Davies and Eleanor Parker complained to the Press Complaints Commission that the newspaper's report of Mr Davies' acquittal for rape was misleading. The complainants' said that the piece suggested that Mr Davies defence was that he was suffering from sexsomnia at the time of the alleged attack when, in fact, his position was that the incident did not take place. The jury's decision was not "Not Guilty by reason of Insanity" (which would have been the case if his sexsomnia was an issue) but a straight-forward "Not Guilty" verdict for all charges faced.

Resolution:

The complaint was resolved when the newspaper removed the online article and published online and print clarifications in the following terms:

Stephen Lee Davies

In our article ‘Man cleared of ‘sex in sleep' rape charge' (5 July 2011) we stated that Stephen Lee Davies had been acquitted of rape after arguing that he had been suffering from sexsomnia. We now understand that Mr Davies's defence was that he did not commit the alleged offence. Although the court heard evidence that Mr Davies may have been suffering from sexsomnia there was not finding that had been at the time of the alleged offence.

Date Published: 14/10/2011



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