Ex-Manchester student accused of rape because he didn’t wear a condom found not guilty

TW: This article includes mentions of SA and rape.

A former Manchester University student has been found not guilty of raping a woman at a party.

Prosectors alleged 24-year-old Max Elliot “stealthed” a woman at a student party.

The jurors were told the victim and Elliott were both university students at the time and that she was “clearly attracted” to him.

Elliott did not use a condom during sex despite the female student laying this out as a condition for consensual sex.

He admitted she told him they should “probably” use a condom before intercourse because she was not on the contraceptive pill, the jurors were told.

Because he did not use a condom, prosecutors alleged her consent for sex was removed.

“What would otherwise have been consensual sexual intercourse in law then becomes rape,” said prosecutor Henry Blackshaw.

Elliott alleged she would have known that he was not wearing a condom because she performed oral sex on him beforehand.

Henry Blackshaw said the woman provided Elliott with a condom that did not use, saying she gave him “space and privacy” by turning her back, expecting him to put on the condom.

The prosecutor continued, saying the woman asked “Did you just do what I think you did?” after she realised he was not wearing the condom.

via Unsplash

After returning to her own accommodation, the woman’s flatmate allegedly told her: “Sounds like you’ve been raped”, the jury heard.

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The woman said Elliott messaged her asking to pay for a morning after pill, an offer which she declined.

Prosectors alleged Elliott told a friend: “I know, I’ve done wrong, I’ve donated £200 to a rape charity.”

After 45 minutes of deliberation, the jury at Minshull Street Crown court deemed Elliot not guilty of the single charge of rape against him.

During the trial, Elliott said: “I couldn’t remember who approached first, but it was mutual. We ended up kissing and we danced together. We left the party… and went back to my room.”

He told the court he was “embarrassed” because he could not keep his erection after oral sex.

“I thought briefly about putting it on, but I had a semi at that point and was not able to put it on. I placed it on the shelf. As far as I knew, I thought she could see my penis and see I was not wearing a condom,” he said.

He continued to tell the court: “There was no break when I could have put it on” and “she didn’t indicate she didn’t want to have sex.”

Elliott denied accusations of him forcing himself on her or being “violent.”

Elliott was discharged from the dock after being found not guilty of rape.

If you have been affected by the content of this article, you can contact the Samaritans at any time by calling 116 123.  Alternatively, you can contact Shout, a 24/7 text messaging service, by texting the word “Shout” to 85258.

You can contact Manchester University mental health support here.

Featured image via Unsplash