Ben Lister trial: West Yorkshire Police sergeant in court for the second time on rape charge

The second trial of a West Yorkshire Police officer accused of raping a young woman has begun.

A new jury has been sworn in at Bradford Crown Court after the initial trial of Ben Lister, 36, ended without a verdict being reached last October.

Lister, a sergeant, is accused of raping and sexually assaulting a woman after a night drinking in 2016. She subsequently became pregnant with his daughter.

The new trial is expected to last five days.

Ben Lister outside courtBen Lister outside court
Ben Lister outside court
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Lister and the victim, who was 20 at the time, were invited on a night out by a couple whom they were both friends with. Afterwards, they returned to the couple's home and fell asleep on separate sofas in the living room. All parties are accepted to have been drunk.

Prosecuting, Richard Woolfall said the woman 'did not agree to sexual contact' with Lister and 'was not in any fit state to consent'.

The group had gone to Acapulco nightclub in Halifax, where Lister had been buying drinks and was 'always stood next to' the victim. She said she did not find him attractive as he was 10 years her senior.

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Her first recollection of the incident is allegedly waking up to being dragged off the sofa by Lister. She did not remember him having sex with her but recalls him trying to touch her sexually and trying to move his hand away. She also remembered him being on top of her. She was drifting in and out of consciousness and later woke in a state of undress.

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The next morning she messaged Lister on Facebook to ask if they had slept together. He denied it, but said they had had oral sex and kissed.

She later discovered she was pregnant, but was 'in denial' about the child being the product of rape and did not report the incident to police until 2020.

Mr Woolfall told the court: "It took quite some time for her to come to terms with her position. She told family and friends that the baby's father was somebody else. She couldn't face up to what had happened."

Lister denies both counts against him and maintains that the sex was consensual and that the victim was not asleep during it. He accepted lying on the Facebook message, but claimed that this was because he was hoping to reconcile with his long-term girlfriend, with whom he had recently separated, and did not want her to find out. DNA testing proved that Lister was the child's father.

He claimed that he and the victim had been flirting and that their friends had been 'matchmaking' for them.

He is currently suspended from his role with the force pending the outcome of the case.