RM v HM Advocate

Background [1] The appellant was convicted at the High Court in Glasgow on 14 July 2010 of two charges in these terms:

"(001) on various occasions between 1 August 1967 and 29 January 1975, both dates inclusive, at a given address, garages near to a named Primary School, a house occupied by you at another address, all Airdrie, you ROBERT MURPHY did assault X, your niece, born 30 January 1957, c/o Strathclyde Police, Motherwell, and did place your hand inside her skirt and pants, handle her private parts, seize hold of her, pull down her clothing, bend her over a sink, force her to the floor, place your hand over her mouth, force her to the ground and did rape her;

(003) on an occasion between 23 December 1969 and 22 December 1971, both dates inclusive, at a given address, Airdrie you ROBERT MURPHY did assault Y, your niece, born 23 December 1961, c/o Strathclyde Police, Motherwell, then aged between 8 and 9 years, and did seize her from behind, place your hand over her mouth, force her into the bathroom, remove her underwear, bend her over a sink and did rape her".

Charge 2 was withdrawn by the Advocate depute at the close of the Crown case. The jury found charges 4 and 5 not proven. All the charges involved sexual abuse. The complainers in charges 1, 3, 4 and 5 were four sisters. The complainer in charge 3 was also the complainer in charge 2.

[3] Charge 3 involved a single event which occurred when the complainer was aged 8 or 9. As she was entering the bathroom at her aunt's house, the appellant put his hand over her mouth and pushed her into the bathroom. He put her against the sink, pulled her underwear down, told her to keep her mouth shut, and then had intercourse with her whilst she was bent over the sink.