Former police officer from Waterlooville, 83, is accused of raping woman in her own home 40 years ago​​​​​​​​​​​​​​

Leeds Combined Court
Leeds Combined Court

A former police officer has gone on trial accused of raping a mum in her own home while on duty 40 years ago.

David Lomax is accused of 'blackmailing’ the woman into having sex with him to avoid being arrested as she could not pay a fine

Lomax, of Esher Drive, Waterlooville, is also on trial accused of misconduct in a public office over the alleged incident in October 1978.

Sophie Drake, prosecuting, said Lomax, now 83, was a police warrant officer at the time.

Jurors heard Lomax's duties involved the enforcement of non-payment of fines in Leeds, where he worked at the time.

Miss Drake said Lomax went to the woman's home two weeks before the alleged offence and said he had a warrant for her arrest.

The court heard the woman, aged 25 at the time, asked for a week to pay.

The prosecutor at Leeds Crown Court said Lomax agreed but warned her that if she did not have the money when he returned she would be arrested.

Lomax returned to the property on October 20, 1978 while the woman's husband and child were out. 

The woman said she was still unable to pay the money.

Miss Drake said the defendant then told the woman he would have to arrest her and she asked him not to.

She said: ‘The defendant put his hand on her shoulder and said “well we could solve this”.’

The jury heard Lomax then asked to have sex with the woman.

She initially refused but then had sex with him in the bedroom.

Miss Drake said: ‘The Crown say this act of intercourse was rape. 

‘She was in effect blackmailed in to having sex with him.

’She had no real choice but to have sex with him.’

The prosecutor added: ‘The Crown say that, acting in the way he did as an on-duty police, he was misconducting himself.’

The court heard the woman was arrested in December that year and made a complaint against Lomax at a police station.

Miss Drake said: ‘Police laughed at her and said she was only saying it because she had been arrested.’

The court heard a forensic officer was sent to the property and obtained scientific evidence.

Lomax was arrested at the time but denied the rape allegation in interview.

Miss Drake said there were no notes of the interview and Lomax was not charged.

The defendant was arrested in after a ‘cold case’ investigation in 2016, in which forensic evidence was re-examined .

A scientist concluded that the probability of DNA recovered from the scene belonging to anyone other than Lomax was a billion to one.

Lomax, of Esher Grove, Waterlooville, Hampshire, was arrested and interviewed in July last year but continued to deny the offence.

Proceeding