Campaigners against rape last night led a storm of protest after a trial collapsed because a woman could not bear to give evidence for a third time.
Phillip Nicholas was automatically found not guilty when his alleged rape victim broke down before a jury was sworn in, saying she could not face more questioning from defence barristers.
Judge Paul Hoffman said the case at York Crown Court, which had already been halted twice because of previous blunders, could not proceed.
Nicholas, a heroin addict, had denied raping the 27-year-old in her garden.
The case was stopped last year when a prosecution witness accidentally let slip that Nicholas had served a prison sentence.
A retrial was then halted in January after it emerged that some members of the jury had been watching darts on television when they should have been considering a verdict.
It is thought the proceedings could cost more than £50,000.
Redcar MP Vera Baird QC said: "This is yet another example of insufficient care having been taken over proceedings, which serves to put women off."
Nicholas, 19, of no fixed address, said the woman had consented to sex. He admitted stealing her handbag and was jailed for 15 months.
A spokesman for the Crown Prosecution Service said: "We did our best."
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