Accused Rapist Shows Off Penis In Court To Prove His Innocence

May 25, 2018
By: Catherine Townsend
Desmond James

Desmond James

Photo by: Connecticut Department of Correction

Connecticut Department of Correction

Desmond James

NEW HAVEN, CT — A man on trial for sexual assault was allowed to pull out his penis and expose it to the jury in order to prove that it did not match his accuser's description.

The victim said that she was raped in 2012 by a stranger whose penis was lighter than the rest of his skin, according to the New York Post. She later picked Desmond James, 26, out of a photo lineup and identified him as her attacker.

But James' attorney argued on Wednesday that that his client's penis is actually darker than the rest of his body. He asked that James be allowed to show the jury physical proof.

Judge Elpedio Vitale agreed that James could show the jury his private parts and told the jurors that the defense planned to offer evidence that was "sensitive in nature and highly personal."

Then James walked in, dropped his pants, and lifted his shirt for several seconds.

"You saw a penis that is darker than the rest of his skin. For that reason alone, you must acquit," defense attorney Bussert said in closing statements on Thursday — not as catchy as Johnnie Cochran's "if it doesn't fit, you must acquit," but close!

But the prosecutor argued that James could have altered his pubic hair since the assault, saying that the jury could not be sure of the "manscaping" James had performed. The prosecutor also pointed out that DNA evidence from the victim's rape kit was consistent with James' genetic profile.

James, who has also used the name Jose Gonzalez, has a long criminal history. In 2016, he was convicted of climbing through a window and sexually assaulting a 10-year-old girl in 2014. For that crime, he was sentenced to 65 years in prison, and is currently incarcerated at the Connecticut Department of Correction in Hartford.

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Read more: New York Post

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