Also picking up on one of MrJitty's recent posts, for the defence to put it to the jury, you've heard my client's evidence, firstly the sex was initiated by Libby, secondly there is insufficient evidence to conclude he didn't reasonably believe she had the legal capacity to consent, thirdly the sex took place by the side of the road....but on the other hand if you conclude that's a complete pack of lies try this one, he raped her in the park but left her safe and well, she must have just fallen in the river, that's her bad luck, hardly his fault, he's not her dad, he's not responsible for her, you might feel him a tad ungallant, or even morally reprehensible, but that doesn't make him a murderer. How well is that going to go down? Moreso as his evidence is the polar opposite to this I do wonder whether as a matter of law they are permitted to advance this totally unsupported speculation, and whether the jury are permitted to consider it?