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Jury fails to reach verdict after PC insisted ‘rape’ was actually consensual sex

Jury fails to reach verdict after PC insisted 'rape' was actually consensual sex
Ben Lister was a constable with West Yorkshire Police at the time of the alleged offence (Picture: PA)

A police sergeant accused of raping a woman following a night out is facing a retrial after the jury failed to reach verdicts.

Ben Lister, 36, who was a constable with West Yorkshire Police at the time, denied taking advantage of the woman at a house in 2016, after they had both been drinking. Jurors heard she later conceived a baby because of the alleged rape.

During the week-long trial at Bradford Crown Court, prosecutors claimed Lister dragged the woman off a sofa while she was asleep before touching her sexually as she drifted in and out of consciousness.

In his defence, the police officer insisted he understood consent and denied he was a rapist, saying: ‘I know what consent is.

‘I don’t recall a conversation in the build-up, can I have sex with her. That’s not a conversation I would have.

‘It’s in body language, the moment with someone, the build-up, the conversation. I wouldn’t just start to have sex with someone.’

Sergeant Ben Lister leaves Bradford Crown Court, where he is on trial accused of raping and sexually assaulting a woman in Bradford on August 29 2016. Picture date: Monday October 4, 2021. PA Photo. See PA story COURTS Sergeant. Photo credit should read: Danny Lawson/PA Wire
Lister denied one count of rape and one of assault by penetration (Picture: PA)

Lister, whose address cannot be published for legal reasons, denied one count of rape and one of assault by penetration.

Judge Richard Mansell QC discharged the jury after they deliberated for more than 10 hours but were unable to reach verdicts.

A new court hearing was listed for November 3 to hear if a retrial is being sought.

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