A man has been found not guilty of raping a two-year-old girl after prosecutors dropped the case.
Richard Seager, aged 32, had been due to face trial in the New Year but his case was reviewed by lawyers because of doubts about the strength of the evidence.
The case should have been heard within weeks of the initial complaint being made last February and the delays made it impossible for the defendant to get a fair trial.
There are strict guidelines laid down by the Court of Appeal in cases involving very young witnesses who may find it difficult recalling what happened to them after any length of time.
In a recent ruling a conviction was overturned because a child of three gave evidence nine months after the alleged incident. In this case the child was even younger and the delay even greater.
Seager, of Howard Close, Exeter, denied rape and Judge Francis Gilbert, QC, recorded a not guilty verdict at Exeter Crown Court.
The Judge commended the prosecution for their decision. He had raised doubts about both the evidence and the delay at an earlier hearing, at which he was told the child had given different accounts to the police and her mother.
The girl was video interviewed by specially trained officers very shortly after the alleged incident but was so young that her account was hard to follow.
Mr Richard Crabb, prosecuting, said:"The Crown have looked at the age of the complainant and her competence as a witness. At the time she was two, she is now three.
"There are difficulties with her video interview because of her very young age and the forensic and medical evidence is inconclusive.
"There has been a regrettable delay in bringing the matter to trial. The defendant was not charged until June and first appeared in court in August."
Judge Gilbert said:"A case of this sort could not possibly proceed without strong corroborative evidence. The interview is not satisfactory. It is very difficult to question a child of that age."
He told Seager:"You are free to leave."
