Daniel Perkins 41

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A Plymouth rapist has failed to convince top judges that his convictions were unsafe and he should be set free.

Daniel Perkins, of North Road East, Mutley, was caged for eight years at Plymouth Crown Court on July 11 last year for for raping a fellow university student who was so drunk she was drifting in and out of consciousness.

As reported by The Herald, the court heard how 32-year-old Perkins walked the woman home and took advantage of her after she had collapsed on her bed.

Callous Perkins called her a “baby” when she complained of the pain and even asked her whether she enjoyed it after he had finished.

She was so traumatised she needed medication for anxiety and depression and felt she had to leave her course at Plymouth University.

Perkins' defence at trial was that she had fully consented and was a willing participant in all the sexual activity.

But it was Perkins who the jury disbelieved.

The case - which resulted in a jury convicting Perkins on all three counts of rape after a week-long trial - was examined again at London's Appeal Court yesterday.

Lawyers for Perkins, of previous good character, yesterday argued in court that the guilty verdicts were fatally flawed.

Key witness evidence undermined his defence and should never have gone before the jury, they argued.

But Lord Justice Hamblen said the Crown Court judge was 'entitled to conclude that the evidence was relevant to an important matter and was admissible'.

There was, in any event, 'substantial evidence on which the jury could be sure of his guilt', he concluded.

"For all these reasons, the renewed application for permission to appeal must be dismissed."

Perkins raped the woman three times after a night out at Club Envy, Plymouth Crown Court heard in July last year.

He had denied the offences, saying she was not badly drunk and had consented to sex on the night.

But a jury convicted him on all three counts after a week-long trial.

Sentencing him to eight years in prison, Judge Paul Darlow told Perkins: “She was clearly vulnerable, unable to resist. She was drunk and in and out of consciousness.

“When she could she made it clear to you that she did not consent to what was happening. The fact that you were under the influence of alcohol is another exacerbating factor.

“This happened in her own room, the very place where she is entitled to feel safest.”

Perkins shook as he was being sentenced. He mouthed words to supporters as he was taken away in handcuffs.

The woman had earlier told the court Perkins had walked her home and she had let him into her city flat to use the bathroom. She said she collapsed drunkenly on to her bed fully-clothed. But Perkins stripped her and had sex with her.

She said she was in pain while he had sex with her, but Perkins called her a “baby”. She added that he “talked dirty” to her, which made her feel “horrible”.

The woman said after he finished the defendant asked whether she had “liked it”.

Helen Hope, for the Crown Prosecution Service, read two statements from the victim – the second taken after the guilty verdicts.

She said the woman had suffered anxiety and depression and had to take medication which had affected her sleep and appetite.

The woman added she felt she had to leave Plymouth University and continue her studies in another part of the country. She had to start her degree all over again.

The victim said in the second statement: “I am not sure ultimately how I feel. Relieved or glad that it was not all for nothing? The investigation was traumatic.

Jason Beal, for Perkins, said the defendant had not “set up” the situation but taken advantage of the student’s drunkenness.

He added his university career was terminated as a result of the allegations.

Mr Beal said the defendant, who used to work at Pizza Hut, had no previous police cautions nor convictions.