A FATHER-OF-TWO who raped a teenage girl in her own home has lost his appeal against conviction after a judge threw out his argument that the victim's "distress" following the attack was not evidence.
Paul Flynn threatened the 19-year-old with violence and ordered her to stop screaming as he raped her in the house in the Gorgie area.
The 37-year-old received a life sentence in July last year after a jury rejected his story that the victim had c
onsented to sex.
But the career criminal, who was out on bail at the time of the attack and was also under a supervised release for assault and robbery, lodged an appeal against the conviction.
Forensic experts recovered DNA samples from his victim that showed Flynn had sex with her on September 17, 2007, even though he told police he hadn't seen her that night.
The victim also had a number of injuries from the assault, including bruises and scratches, and called both police and her boyfriend afterwards while extremely upset.
The trial judge told the jury that her testimony she had been raped needed corroboration, such as her "distress" in the aftermath or her injuries.
During the appeal, Flynn's lawyers argued that if the jury had rejected the medical testimony that force had been used, they should not have been allowed to use her emotional state as corroboration alone.
But in his written appeal judgement, Lord Carloway said: "Once (the victim] had been believed on the issue of force, the jury were entitled to use either the evidence of distress or the evidence of the injuries or both as corroboration of the use of that force."
On the night of the attack, she had taken Flynn to visit her father – a friend whom he had not seen for years.
After taking a bus to the Gorgie area she went home. Flynn appeared at her door half an hour later, sat down beside her and tried to kiss her. Flynn then grabbed her by the throat and pushed her to the floor before ripping off her clothes and raping her.
The court later heard that Flynn's record included 11 previous convictions for violence and that he had spent most of his adult life in prison.
Flynn must serve five years and three months in prison before he can apply for release, and will be kept under supervision by police until he dies.
The victim, now, 21, had known Flynn since she was five. She said previously: "He should never get back out. He's a monster."
