Man found guilty of raping a pregnant woman

Reporter: Ask Bury
Date online: 13/11/2006

On Friday 10 November 2006, a man was sentenced to 18 years in prison for the rape of a pregnant woman as she walked to meet her family at a fairground in Bury 14 years ago.

James Marshall (born 05/04/1970) of Talbot Close, Oldham pleaded guilty of the rape of a 27-year-old woman on fields off Marsden Street in Bury at Manchester Crown Court on Monday 25 September 2006.

The victim was making her way along a footpath across the fields to meet her mother and her 9-year-old daughter at Castlecroft Fair at 8pm on Saturday 2 May 1992 when she saw Marshall walking towards her. As he drew level with her, he pulled out a commando-type knife and forced the 27-year-old to walk to some nearby bushes.

Once obscured from view, Marshall demanded money from the woman. She opened her handbag and Marshall took her purse, which contained just £17. He then demanded that the woman hand over her jewellery. The 27-year-old complied with Marshall's demands and begged him not to hurt her, explaining to him that she was two-months pregnant.

Marshall ignored the woman's pleas and proceeded to rape her. Throughout the attack he continued to threaten her repeatedly with the knife, saying that he was prepared to use it if she didn't do as he said. During the attack, Marshall forced the woman to perform a sex act on him.

After the attack, Marshall ordered the victim to get dressed while he emptied her handbag contents onto the ground, continuing to search for anything of value. He emptied her purse onto the floor and, shortly after he had picked up the money, the 27-year-old managed to escape from him and run back to the nearest road.

The victim was taken to Bury General Hospital for treatment to cuts and bruises following the attack. Doctors also found an imprint on the woman's neck, consistent with a toothed knife being held to her throat.

A saliva sample was taken from the woman at the hospital and a DNA profile was obtained from it. At that time, it was only possible to compare a DNA profile with a named offender. Officers searched the scene and recovered a condom wrapper and a packet of cigarettes. A partial fingerprint found on the cigarette packet was not, at that time, suitable for searching against national records.

As part of the Home Office project Operation Advance, GMP's Cold Case Review Unit reviewed the case in 2004. With the help of the Forensic Science Service a partial and incomplete DNA profile was compiled from the saliva sample taken from the victim in 1992. When this was searched against the National DNA Database, for hits within GMP area, it produced a match to James Marshall. The chances of the DNA belonging to anyone else are one in 194,000. Officers then compared Marshall's fingerprints to the impression left on the cigarette pack at the scene. It was found to match his left thumbprint.

Marshall's victim, who does not wish to be identified, said: "This attack devastated me completely at the time and I have found it difficult to get on with life knowing that the man responsible was still out there.

"I have never been able to forget what happened to me that day.

"I am pleased that the case was re-investigated and know that, 14 years on, it will help me to know that Marshall is in prison, where he cannot do this to anyone else."

Detective Inspector Jeff Arnold, head of GMP's Cold Case Review Unit, said: "This rape took place more than 14 years ago and for that length of time the victim has had to live with the fact that the man who attacked her has not been brought to justice.

"Thanks to advances in DNA technology it has been possible for us to trace the offender more than a decade after he committed the offence. In all likelihood, he probably believed that, with such a long period of time elapsing since the rape, he would never be caught.

"But samples of DNA are never discarded and with funding from the Home Office under Operation Advance, it is becoming possible to bring more and more offenders to justice long after they committed the offence. We continue to work closely with our colleagues in the Forensic Science Service, the CPS and St Mary's Sexual Assault Referral Centre to identify the most serious offenders in our communities, no matter how long ago the offence was committed.

"Once arrested, Marshall denied committing the rape. He said that he couldn't remember what he had been doing in 1992 and claimed that he had never been in the field where the rape took place. The partial DNA profile combined with the fingerprint impression found on the cigarette packet provided the irrefutable evidence that made today's conviction possible."

Policing Minister Tony McNulty said:

"Operation Advance is a hugely successful and pioneering project, developed by the Home Office Police Standards Unit and the Forensic Science Service.

"Almost all of the offenders convicted so far have proved to be persistent and prolific violent criminals with offending histories that stretch from the present day, back over many years. Their removal from our communities has undoubtedly had a significant impact on community safety.

"The message is clear - people who commit these horrific crimes need to know that these cases are never closed by the police and that they will be brought to justice by this and other new technologies. We are determined to ensure that victims receive the justice they deserve - the effect of this cannot be underestimated."