A TEACHER accused of raping a student more than three years ago has been cleared of the attack following a retrial.

Mark Trevor Calvert, 28, of Doncaster Road, Newcastle, had denied the offence, which is alleged to have taken place in an alley in a city centre hospital, in March 1998.

He was convicted of rape at Newcastle Crown Court in September 1999, but later had his conviction overturned.

Lord Justice Henry told the Appeal Court that the original trial judge had failed to give the jury a direction on Mr Calvert's contention that he had a "genuine mistaken belief" that the girl was consenting to sex.

The appeal judge said that this was a case where there was "room for a possible finding of a genuine mistaken belief" and Mr Calvert was entitled to a direction to that effect.

At his retrial, Mr Calvert told a Teesside Crown Court jury he had sex with the woman, but said that she had consented. He said he was going home from a night out when he saw the woman in Northumberland Street, Newcastle.

He said he started trying to chat her up and put his arm round her and claimed she responded by putting her arm round his waist.

He said that she had said nothing to believe she was not consenting. She had claimed that she was not in control at the time because she was so drunk.