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Alex Hepburn (cricketer)

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Hepburn v R
CourtEngland and Wales Court of Appeal
Decided4 June 2020
Citation(2020) EWCA Crim 820
Outcome
Appeal dismissed
Court membership
Judges sittingLord Burnett, Justice Sweeney, Justice Murray

Alex Hepburn
Personal information
Full name
Alex Hepburn
Born (1995-12-21) 21 December 1995 (age 28)
Subiaco, Western Australia
Height5 ft 10 in (1.78 m)
BattingRight-handed
BowlingRight-arm medium
Domestic team information
YearsTeam
2015–2017Worcestershire (squad no. 26)
List A debut17 August 2015 Worcestershire v Leicestershire
Twenty20 debut5 August 2017 Worcestershire v Northamptonshire
Career statistics
Competition List A T20
Matches 2 5
Runs scored 32 25
Batting average 32.00 12.50
100s/50s 0/0 0/0
Top score 32 10
Balls bowled 113 75
Wickets 6 6
Bowling average 13.00 18.00
5 wickets in innings 0 1
10 wickets in match 0 0
Best bowling 4/34 5/24
Catches/stumpings 0/– 2/–
Source: CricketArchive, 12 April 2019

Alex Hepburn (born 21 December 1995) is a former cricketer from Australia and convicted sex offender, who last played for Worcestershire County Cricket Club in England. In April 2019, he was sentenced to five years' imprisonment for the rape of a sleeping woman as part of a WhatsApp-based "sexual conquest game". He was imprisoned at HM Prison Littlehey until October 2021.[1][2][3]

Cricket career

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A batting all-rounder, he bowled right-arm medium pace, and batted right-handed. He made his one-day debut for Worcestershire against Leicestershire in August 2015.[4] He made his Twenty20 cricket debut for Worcestershire in the 2017 NatWest T20 Blast on 5 August 2017.[5]

Rape conviction

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Conviction

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On 9 November 2017, Hepburn was charged with one count of oral rape, and one count of vaginal rape. Those charges were not confirmed to the public until 29 November 2017. Worcestershire County Cricket Club suspended Hepburn on full pay,[6] but did not renew his contract when it expired at the end of September 2018.[7] At Hepburn's trial in January 2019, the jury failed to reach a verdict, and as a result were discharged.[8]

He underwent a retrial in April 2019.[9] During the trial Hepburn admitted he had sent "disgusting" WhatsApp messages about a sexual conquest competition.[10][11] Worcestershire County Cricket Club issued a statement saying that they were appalled by the details reported in the case.[12] On April 12 he was convicted of one count of oral rape, but was acquitted of the vaginal rape charge.[13] On 30 April 2019, Hepburn was sentenced to five years in prison, and placed on the sex offenders register for life.[14][15]

Appeal

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In May 2020, Hepburn appealed his conviction on the ground that it was an unsafe verdict. He was represented by David Emanuel QC.[13] His appeal was made on two grounds. Ground one was that the WhatsApp messages were irrelevant and prejudicial to the trial, and ought not to have been admitted. The court rejected his submission, finding that the messages were relevant as important explanatory evidence, and relevant to an "important matter in issue between the parties, namely, belief in consent",[16] as his attitudes toward consent were found to be relevant as to his likelihood of having committed the offence. The court also found that the prosecutor Ms Moore QC's questions relating to Hepburn's promiscuity were correctly objected to, but did not undermine the conviction.[17]

His second ground of appeal was that the jury's acquittal of him having committed vaginal rape, was inconsistent with their verdict that he had committed oral rape. The court stated:

Even if one starts from the premise that the complainant was awake at the outset, the jury could be sure she did not appreciate that it was the appellant with whom she was having sex at the beginning, and that he had no genuine and reasonable belief that she was consenting, but that things might have changed the longer the sexual contact went on without any outward demonstration of a lack of consent (accepted by the complainant) it is at least possible that by the time vaginal intercourse started the jury's conclusion about the appellant's belief and whether it was reasonable was different. —Lord Chief Justice Burnett[17]

As both arguments in support of an unsafe verdict finding failed, Hepburn's appeal against conviction was dismissed.[18]

Release from prison

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Hepburn was released from prison on 26 October 2021.[19][20]

Following this, Oswestry Cricket Club was approached by a third party about the possibility of Hepburn training and/or playing for the club the following season. The club's committee overwhelmingly voted against the proposal.[21]

In September 2024, Hepburn was banned from cricket-related activity in England and Wales for 10 years, backdated to when he was released from prison. This followed a disciplinary case heard by the Cricket Discipline Commission (CDC) into two breaches of England and Wales Cricket Board directives to which he did not respond. As well as imposing the ban, the CDC ruled he must undergo appropriate professional treatment for the issues leading to his criminal conviction and do appropriate training and education courses before resuming any cricket-related activity.[22][23][24]

References

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  1. ^ Staff Writer (12 May 2019). "Woman raped by Australian cricketer Alex Hepburn reveals her face was left paralysed in attack". The Daily Telegraph. Retrieved 14 May 2019.
  2. ^ "Criminal sentence - AH - Hereford Crown Court - Judge James Stuart Tindal".
  3. ^ "Joe Clarke played a game that trivialised rape: England cricket should demand better". The Guardian. 17 May 2022. Retrieved 2 October 2023.
  4. ^ "Hepburn's fine debut brings consolation win for Worcestershire". ESPNcricinfo. ESPN. 17 August 2015. Retrieved 5 September 2020.
  5. ^ "North Group, NatWest t20 Blast at Worcester, Aug 5, 2017". ESPN Cricinfo. Retrieved 5 September 2020.
  6. ^ "Worcestershire cricketer Alex Hepburn charged with rape". BBC News. BBC. 29 November 2017. Retrieved 29 November 2017.
  7. ^ "WCCC STATEMENT FOLLOWING THE CONCLUSION OF ALEX HEPBURN PROCEEDINGS". WCCC. 12 April 2019. Retrieved 22 May 2019.
  8. ^ "Jury in Alex Hepburn rape trial discharged after failing to reach a verdict". ESPN Cricinfo. Retrieved 5 September 2020.
  9. ^ "Worcestershire cricketer Alex Hepburn will face rape retrial". BBC News. 24 January 2019. Retrieved 24 January 2019.
  10. ^ "Alex Hepburn: Cricketer guilty of raping sleeping woman". BBC News. 12 April 2019. Retrieved 12 April 2019.
  11. ^ "Alex Hepburn found guilty of rape following retrial at Worcester Crown Court". ESPN Cricinfo. Retrieved 5 September 2020.
  12. ^ "WCCC Statement following the conclusion of Alex Hepburn proceedings". Worcestershire County Cricket Club. 12 April 2019. Retrieved 12 April 2019.
  13. ^ a b [v R] [2020] EWCA Crim 820
  14. ^ "Cricketer jailed for raping sleeping woman". BBC Sport. 30 April 2019. Retrieved 30 April 2019.
  15. ^ "Worcestershire's Alex Hepburn gets five years jail for rape". Hereford Times. 30 April 2019. Retrieved 2 May 2019.
  16. ^ [v R] [2020] EWCA Crim 820 at para. 15
  17. ^ a b [v R] [2020] EWCA Crim 820 at para. 28
  18. ^ "Alex Hepburn loses appeal against rape conviction". ESPN Cricinfo. Retrieved 5 September 2020.
  19. ^ "Criminal sentence - AH - Hereford Crown Court - Judge James Stuart Tindal".
  20. ^ "Joe Clarke played a game that trivialised rape: England cricket should demand better". The Guardian. 17 May 2022. Retrieved 2 October 2023.
  21. ^ Austin, Sue (19 October 2021). "Shropshire cricket club rejects approach to sign player jailed for rape". Shropshire Star. Retrieved 15 November 2021.
  22. ^ "Hepburn given 10-year ban in England and Wales". BBC Sport. Retrieved 23 September 2024.
  23. ^ "Alex Hepburn banned from playing cricket for 10 years by Cricket Regulator over rape conviction". Wisden. Retrieved 23 September 2024.
  24. ^ "Former Worcestershire player Alex Hepburn banned from ECB competitions for ten years". ESPNCricinfo. Retrieved 23 September 2024.
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