A Rape Suspect Was Acquitted After Showing His Penis In Court

National

A man charged with three counts of sexual assault procured a not guilty verdict after taking off his pants and showing jurors his penis.

The acquittal came two days after 26-year-old Desmond James exposed himself inside a New Haven courtroom, a decision encouraged by his lawyer. The victim testified she was raped while walking home one night in 2012, and alleged her attacker’s penis was lighter than the rest of his skin.

“If it’s not the light one, it’s not the right one,” James’ lawyer Todd Bussert, said to The New York Post after the verdict.

The victim reportedly picked Desmond’s face from a photo line up after alleging she’d been attacked by a “dark-skinned black male with big lips and black-people hair.” Bussert said her blanket description of African-American men was problematic from the beginning.

“There were a number of troubling aspects in terms of the allegation. It evoked negative racial stereotypes,” Bussert said. “We felt in general that it didn’t describe our client.”

The largest discrepancy was the description of the attacker’s penis and the only way Bussert thought to prove the victim wrong was to have James stand in the middle of court with his pant down and his penis out.

The decision was a surprise for many because the judge didn’t notify jurors what they were about to see prior. According to reports, some were so shocked they averted their eyes. Bussert says the choice was especially embarrassing for his client when court workers suddenly showed up.

While the decision proved to be a smart one, James didn’t walk out of the courtroom a free man. He’s currently serving 65 years for breaking into a home and raping a 10-year-old girl.