AN Accrington man has been found not guilty of attacking then attempting to rape a woman.
David McCarthy was cleared of all charges at Preston Crown Court after the jury returned their verdict in less than two hours.
Mr McCarthy, whose trial began a week ago, wiped away tears after being told by Judge Jonathan Foster that he was free to go.
The 43-year-old, of Clarendon Close, told the Evening Telegraph after his acquittal: "The truth has won out and we have been vindicated."
The prosecution had alleged Mr McCarthy became "enraged" after finding a photograph of the woman on a bed in a T-shirt. The picture was taken when she visited New York with another man, the court heard.
Heather Lloyd, prosecuting, said he then tore up underwear the man had bought her and used it to try and strangle her. Miss Lloyd said he also tried to strangle her with telephone cable and push flowers, which the man had bought her, down her throat.
Mr McCarthy said he had been invited to see the alleged victim, who cannot be identified for legal reasons, at about 1.20am on December 11.
She had been to a Christmas party and appeared "tipsy", he said, and they had consensual sex before the incidents leading to the allegations took place.
Mr McCarthy denied the 11 charges of three threats to kill, attempted rape, assault causing bodily harm, two counts of assault by penetration, sexual assault and three charges of assault by beating.
But giving evidence the defendant said the two began arguing after she began a conversation about a woman he had had a relationship with. He then asked her about the man she went on holiday with.
He admitted calling her a "whore" and ripping up the underwear. But he said he threw the items at her and put the flowers in a sink as he thought they were "inappropriate."
He denied not allowing the woman to leave the room. She called the police at 4.57am when the defendant went downstairs.
The jury heard the 999 call where the complainant said McCarthy had threatened her and assaulted her.
She did not make any allegations of sexual assault or attempted rape as was the case later on December 11, when she was interviewed by a female police officer.
The prosecution had claimed the issues were not at the forefront of her mind as Mr McCarthy threatened to kill her and that she would not see her children again.
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