Australian-born ex-Worcestershire participant Alex Hepburn, who was convicted for sexually assaulting a sleeping lady, has misplaced his attraction to overturn the conviction.
Hepburn, 24, was jailed for 5 years in April final 12 months for the assault that happened at a flat in Worcester. He had challenged the conviction earlier this month.
However, in a judgment handed down on Tuesday, three senior judges, together with the Lord Chief Justice Lord Burnett, dismissed the attraction by stating that “the conviction is not unsafe.”
London’s Appeal Court heard earlier this month that messages referring to a ‘intercourse sport’ whereby Hepburn and one other participant made a guess over who would sleep with essentially the most ladies mustn’t have been revealed on the trial.
His lawyer David Emanuel stated that nowhere within the messages was there any speak of intercourse towards one’s will.
“I accept it would be different if there was talk of sex against will, or trickery to gain a point, or taking a chance, but there’s nothing like that in the messages,” he informed the judges.
“They are too far removed as to be able to be to do with the facts of the alleged offence.”
During the unique trial, prosecutors stated the previous Worcestershire all-rounder had been “fired up” by the competition to sleep with essentially the most ladies, earlier than finishing up the rape at his flat in Worcester, central England, in April 2017.
Judge Jim Tindal, whereas jailing Hepburn at Hereford Crown Court, stated the “immature” cricketer and a former teammate had agreed a “pathetic sexist game to collect as many sexual encounters as possible”.
He added: “You in all probability thought it was laddish behaviour on the time. In reality it was foul sexism.
“It demeaned ladies and trivialised rape — a phrase you personally threw round calmly. Only now do you realise how severe rape is.” Hepburn’s lawyer, Michelle Heeley, stated her shopper had expressed regret.