A rape trial in Antigua and Barbuda has been aborted after a High Court judge ruled that a serious prosecutorial error risked compromising the defendant’s right to a fair trial.

Justice Annmarie Smith discharged the jury and ordered a retrial for 25 September 2025, after the prosecution referenced a “recent complaint” made by the alleged victim—a concept abolished under local law decades ago.

The accused, a man in his early 30s, faces charges of rape and serious indecency involving a woman in her 20s. The complainant alleges she was assaulted while asleep after a night of drinking.

Defence attorney Wendel Robinson described the prosecution’s move as “gravely prejudicial,” arguing it violated the legal reforms unique to Antigua and Barbuda, the only Eastern Caribbean jurisdiction to abolish the common law rule on recent complaints.

Justice Smith agreed, calling it a “grave error” and warning prosecutors to avoid introducing prejudicial material. The trial will now resume later this year with a new jury.