A Libyan 33-year-old has been acquitted of raping an English woman who claimed she had been forced to have sex with him at a Sliema apartment following a night out in Paceville.

The case dates back to the night of September 21, 2013.  The woman had filed a police report at the Sliema station shortly after noon, on suspicion that she had been raped the night before. However, she did recollect what had happened saying she had suffered from a “blackout”.

She recounted that she had woken up partially naked at about 10.30am in a Sliema apartment, in the company of an Arab man who spoke good English. The man had given her €5 as she had complained she had no money to take a bus. Subsequently, she went back to the flat accompanied by a police officer, who arrested the Libyan.

In her statement, the woman had claimed that the previous night she had been drinking at various Paceville clubs and that the last thing she remembered was meeting an Irish man.

The woman admitted having sex but insisted the she would have never consented.

On his part the accused had told the police that he had met her in Paceville and started kissing him after a short while. He claimed that the woman told him she wanted to go “home” as she was feeling drunk. The Libyan insisted that he had inferred that she wanted to go to his Sliema apartment.

While walking to get a taxi she stumbled and injured her knees, the man claimed. He added that as soon as they arrived to his flat, she insisted on having sex more than once, and he obliged.  The Libyan insisted that he had not used violence.

During proceedings, a friend of the woman testified seeing her leaving the club with two men, but said he did not see anything which suggested she could be in danger. 

In its decision, the court, presided by Magistrate Josette Demicoli, said that the prosecution had failed to prove beyond reasonable doubts that the woman had not consented to sex with the accused. 

It noted that the alleged victim was under the influence, and was not in a condition to look after herself. Although the woman insisted she was “tipsy” tests carried out on her blood samples confirmed that her ethanol level was very high - in the region of 289 mg/dl, making her drunk.

Furthermore court-appointed expert Mario Scerri confirmed that the injuries sustained by the woman were compatible with a fall, as described by the accused. Consequently, the Libyan was acquitted of all charges due to insufficient evidence.

Police inspectors Josric Mifsud and Louise Calleja prosecuted while lawyer Ludvic Caruana was defence counsel.