A jury was left shocked this week when a man being tried for sexual assault suddenly dropped his trousers to try and prove his penis did not match his accuser’s account.
Desmond James, 26, was picked out of a photo line-up as the man who allegedly attacked a woman six years ago.
The Connecticut man’s accuser described how she was raped in 2012 by a stranger whose penis was lighter than the rest of his skin, reports New York Post.
Desmond James, above, dropped his pants in court to show jurors his penis. His accuser had described how she was raped by a stranger whose penis was lighter than the rest of his skin
When the jury was told by his attorney on Wednesday that James’s penis was actually darker than the rest of his body, Judge Elpedio Vitale agreed it was within his Sixth Amendment rights to defend himself by exposing his private parts in court.
Unfortunately, Vitale failed to warn the two women and six men who made up the New Haven jury of what they were about to see.
He did, however, allude to the accused offering ‘non-testimonial’ evidence that would be ‘sensitive in nature and highly personal’.
They were completely unprepared, then, when James walked to the middle of the courtroom, dropped his trousers, lifted up his shirt and exposed his manhood, as he stood without saying a word for 10 seconds, according to witnesses in the room.
Apparently one shocked juror looked away, while others tried to suppress smiles and laughter. James then pulled up his pants, as defense attorney Todd Bussert said, while closing on Thursday: ‘You saw a penis that is darker than the rest of his skin. For that reason alone, you must acquit.’
However, prosecutor Stacey Miranda argued that he might have done something with his pubic hair since the assault, adding: ‘It is six years later. Do we have any idea of what she may have been seeing that night? What his manscaping was like at the time? What light was shining on it?’
Miranda also argued that the case rested on more than what was hanging between James’s legs — claiming that DNA evidence in the victim’s rape kit was also consistent with his genetic profile.
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