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TH v HM Advocate
TH v HM Advocate
HCA/2025/127/XC
Appeal against conviction
Thursday 25 September 2025
10:30 until conclusion
Sarah Loosemore
On 19 December 2024 the appellant, TH, was convicted of two charges of rape against different complainers and one charge of breach of the peace with a significant sexual element. He had originally faced an indictment libelling four charges of rape and two of breach of the peace. The Crown withdrew one breach of the peace charge and the jury found two of the rape charges not proven. On 13 March 2025 TH was sentenced to eleven years’ imprisonment and placed on the “sex offenders register” indefinitely.
TH now appeals his conviction on the basis that the trial judge misdirected the jury by telling them that they could find corroboration of the complainers’ accounts in the distress they displayed when disclosing the offences to others. TH argues that the complainers’ distress was observed far too long after the events in question to be capable of providing a separate source of corroboration.