The rapist son of a leading British barrister has demanded a new trial claiming his attack was “a mutual misunderstanding”.
Lawyers for George Fay, 26, the eldest son of Michael Fay, argue that a key expert witness was wrongly prevented from testifying in support of him.
During the trial in February 2018, jurors were told Fay attacked after a night of drinking.
The victim said she had awoken in Fay’s Manhattan apartment after a night of sex with her boyfriend Charles Slye to find George attacking her.
His team say the “intoxicated” victim mistook him for Slye which is why they had sex.
They claim that had sleep expert Dr Michael Thorpe been allowed to appear at the trial he would have supported Fay’s “innocence” by demonstrating that “the complainant could believe herself to be asleep while appearing to another to be awake”.
George Fay was sentenced to 10 years in jail, but his father has applied to have him serve it on the British Virgin Islands, where the family have a home.