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Montrose man acquitted of rape after five-day trial in Dundee

Dundee Sheriff Court building
The boy leapt from the dock in Dundee Sheriff Court.

A Montrose man has been acquitted of rape following a trial in Dundee.

The case against David Low, 54, was found not proven by majority by a jury of eight women and seven men on Friday afternoon.

It had been alleged Low had sex with a woman without consent at her home in Brechin, in August 2019.

She had told the court she had woken up to find Low having intercourse with her.

But giving evidence to police, Low, of Christie’s Lane, said the act between them had been consensual.

He told officers they had shared a bottle of wine and consumed lager at the woman’s house.

She said to police she was intoxicated at the time of the alleged assault.

They had discussed a number of issues, including Low’s wife, who was terminally ill in hospital before they had sex, the court heard.

It took the jury at the High Court in Dundee around three hours to come to their verdict following a five-day trial.

Low made no reaction as the verdict was read out and was told by Judge Brown he was free to leave the dock.

Not proven

In Scottish criminal trials there are three verdicts available – guilty, not guilty and not proven.

If a guilty verdict is returned the accused is convicted of the crime.

If either a not proven or not guilty verdict is returned, the effect is the same and the accused is acquitted.

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