By
Keiligh Baker: A
professional rugby union player has been cleared of raping his Tinder
date after a court heard she sent him a message accusing him of 'fucking
and ditching' her after sex.
Zach
Kibirige, 21, has been cleared of raping a woman he met on the dating
app Tinder following a trial at Newcastle Crown Court.
Kibirige
was accused of attacking the woman at her home after the pair had met
on dating app Tinder and swapped 1,000 WhatsApp messages.
Kibirige,
who is a winger for Newcastle Falcons and England's under-20 side,
denied four counts of rape, attempted rape, sexual assault and assault
by penetration.
Today
after a five day trial he was found not guilty of all the charges. The
jury took just one hour and 20 minutes to clear him.
Kibirige was accused of raping the woman four times in an hour long attack after he went round to her house to watch a film.
But
Kibirige, who is studying for a psychology degree alongside his rugby
career, and who gained three As at A-level, has always maintained that
the hour-long sexual encounter last November was consensual.
The court
heard the woman did not shout for help during the alleged attack
by Kibirige, despite her housemate being asleep in a nearby room of
their flat.
The
court also heard evidence that the woman was 'not pleased' Kibirige had
to leave after their encounter, because he had rugby training the
following day.
The court was also told none of the woman's clothes she had been wearing that night were ripped or stretched.
Kibirige's
barrister Nicholas Lumley QC suggested she had allowed them to be taken
off but the woman said she could not remember in detail how they
were removed.
She had said the 'attack' had left her feeling unsafe, but she admitted having a night out at a bar the evening after.
During
his trial Kibirige, of Newcastle, told the court he had been brought up
to respect women and both his current and ex girlfriends spoke in his
defence.
Yesterday his girlfriend described him as 'kind, considerate and always truthful' as she defended him in court.
Samantha Jane Whatmore, 23, has been in a relationship with the rugby star for seven months and defended the rugby star.
When
asked by Mr Smith, prosecuting, if his kind and considerate
nature extends to the time they spend alone together in the bedroom she
answered: 'Yes.'
When asked by Mr Lumley if he ever made her do anything she didn't want to do she replied: 'Never.'
She also told the court she feels Kirbirige respects her.
Ms
Whatmore said Kibirige is 'very' modest about his career as a
rugby player, she had never seen him acting aggressively and that she
enjoys being with him.
The pair met as they both lived in the same building in Newcastle.
Kibirige's
father Mohammed said in a statement read out by Mr Lumley:
'The accusations made are not consistent with the Zach I know, during
his life.'
A statement from Sarah Jane Bradley, his former girlfriend, was also read to the court.
She said: 'During our relationship he always put me first and thought about how he could be the best boyfriend he could be.
'He never forced me to have sex with him. There was no pressure to do so if I did not want to. He made me happy.'
During his evidence, Kibirige said he told the victim 'tell me if you don't want it' in a 'flirty, teasy manner'.
He
told the jury it was not his intention to check she was happy to
have sex as he, 'didn't feel any need to seek assurance or check'.
Mr Smith, prosecuting, told Kibirige how the victim said he, 'flipped her over and treated her like a dog, like a play thing'.
Kibirige replied to Mr Smith by saying: 'I say that's incorrect.'
He told the court the victim was not 'pleased' when he told her he had to leave to go home for training the next day.
Mr
Kibirige said: 'I don't think she was best pleased, she said, are
you not going to stay and cuddle for a while and finish the film?'
The
court heard how the victim messaged him a thumbs up emoji after he
left her home followed by a message which said 'bucked and ditched.'
Mr Kibirige said he replied to her message by saying 'you said just come for an hour.'
The court
heard from a police officer how Kibirige told them during
a recorded interview that she teased him during sex by telling him:
'You're going to have to try harder than that.'
When
asked by an officer what he thought she meant by that he said:
'You're going to have to make me feel more aroused or something like
that, try harder to do that.'
When
asked in police interview why he did not get back in touch with
the victim after her friend contacted him, accusing him of rape, he
said: 'I thought when I read it, I can't believe what she's saying.
'That to me is screaming trouble, and to stay away from it.'
Kibirige, who has made appearances for England, was asked by police if he thought it was 'game on'.
To which he replied: 'I wouldn't say it like that, I just went around and said it's fine, if something happens it happens.'
When
Mr Lumley asked Kibirige why he removed his shoes when he entered her
bedroom, he said: 'I just always do, always been a rule, my parents said
you don't put your shoes on the carpet.'
When Mr Lumley QC asked him if he was beginning to get undressed he replied:
'No, absolutely not.'
Prosecutor Chris Smith had said the woman had told Kibirige to 'pack it in' when he started the 'attack'.
He added: 'Her request went ignored. The bigger, faster and stronger professional rugby player wasn't listening.
'He used fear and force to get what he wanted and then he left.'
However,
the jury found Kibirige, whose father Dr Mohammed Kibirige supported
him in court, not guilty of all the allegations, and he today walked
free from court.
He will now continue with his 'hugely promising' career, his club has said.
Newcastle
Falcons had made winger Kibirige unavailable to play and said his
progress had been 'effectively put on hold' while he fought to clear his
name.
His
club welcomed the verdicts, saying in a statement: 'This has been an
extremely stressful time for Zach, and his hugely promising rugby career
has effectively been put on hold during this very difficult period.
'The club are satisfied that their faith in Zach has been borne out by the verdict in his trial.
'Zach remains an important member of the club's playing staff and is available for all rugby and non-rugby-related duties.'
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