A man jailed for three years after being convicted of rape has been cleared and freed by three judges at London's Criminal Appeal Court.

Adrian State, 44, of Windrush Close, Witney, was given the sentence at Oxford Crown Court by Judge Anthony King after being found guilty on August 4 last year.

The court heard the alleged offence took place when State was allowed to stay the night at the home of a woman after babysitting her daughter. The jury was told how State pestered the woman for sex and carried out the alleged attack after she agreed to perform a sex act on him.

Overturning the conviction yesterday, Lord Justice Mantell told the Appeal Court: "The trial judge's summing up was, in all the circumstances, inadequate.

"That leads us to conclude that this verdict cannot be regarded as a safe verdict.

"The appeal will be allowed. Our decision to quash the conviction reflects in no way on the complainant." The judge said the prosecution at State's trial had alleged he raped the woman on October 24, 1997.

The appeal judges heard there was disputed evidence at the trial which could have affected the verdict.

Lord Justice Mantell, sitting with Mr Justice Ognall and Judge Peter Beaumont QC, said of the evidence: "If it was relevant, then it was only marginally so." There was an "undoubted possibility" that the evidence might have prejudiced State's defence.

Story date: Wednesday 13 October

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