R v ZHX (historic marital rape, deaf defendant)

Facts

The appellant, a man now in his 60s who is profoundly deaf, communicates only through British Sign Language and is unable to read, was convicted at Lewes Crown Court on 28 November 2025 of a single count of rape committed against his now ex-wife on a date between 1 January 1992 and 31 December 1995. The offence took place in a service station public toilet and was witnessed by a woman, Sarah Fosh, who heard what was happening and looked over the cubicle wall to see the appellant raping the complainant from behind; the noise she made caused him to stop. His defence at trial was that the intercourse had been consensual, and the jury rejected it. On 30 January 2026 His Honour Judge Stephen Mooney sentenced him to 4 years' imprisonment, with 32 days to count towards sentence, having taken a notional 5-year term and deducted a year to reflect the additional punishment his deafness and isolation would bring in custody. An application to the judge under the slip rule to reduce the term further, so as to reflect the two-thirds release point, was dismissed on paper. The appellant appealed against sentence with the leave of the single judge.