In what could be the worst rape defence of all time, a 46-year-old millionaire has claimed he tripped, fell and accidentally penetrated a sleeping teenager with his erect penis.
But after hearing his surprising defence, a jury took just 30 minutes to find the property developer, Ehsan Abdulaziz, not guilty of raping an 18-year-old who was sleeping on his couch.
The 46-year-old met his alleged victim in August at the Cirque le Soir nightclub in London. The alleged victim was at the club with a friend who had known Abdulaziz for a few months.
Abdulaziz offered to drive both women home in his Aston Martin. He invited them into his flat and then went into his bedroom and had sex with his friend. The 18-year-old fell asleep on the couch.
The prosecution said that when she awoke, she found Abdulaziz on top of her, kissing her. He allegedly put his penis in her vagina. Prosecutor Jonathan Davies told the court what happened next:
“She said: ‘What are you doing?’ and he said: ‘It’s fine’, indicating that her friend was asleep.
“She got up to find her friend, tried to wake her but couldn’t, she then tried to get out of the flat as quickly as she could.”
The 18-year-old then called the police.
When police arrested Abdulaziz, he told them: “She’ll have to prove it”.
Abdulaziz told police initially that the teenager had pulled him onto her and placed his hand between her legs. But when semen was discovered in the alleged victim’s vagina, Abdulaziz changed his story.
In his second police interview, Abdulaziz made a surprising claim: That he had gone out to offer the teen a t-shirt to sleep in or a taxi-ride home. He had then fallen (“I’m fragile”) and may have accidentally penetrated the teen. The semen was on his hands because he had just had sex with the 18-year-old’s friend and was transferred into her vagina when the alleged victim pushed his hands down to her groin. He was also still erect from this previous sexual encounter.
The court heard:
“On this occasion he said after he had sex with the complainant’s friend his penis was still erect and he had semen on his hands when he went into the living room.
“He said in the second interview she pushed his hands down on to her vagina. He said that he did fall onto her and his penis may have penetrated her vagina.”
As part of a rare court order, Abdulaziz was able to give 20 minutes of his testimony in secret.
In his evidence, Abdulaziz demonstrated how the complainant had put her hand behind his head to pull her towards him, causing him to fall down.
Abdulaziz’s lawyer claimed the teenager had lied because she was embarrassed that Abdulaziz did not want to have sex with her.