A JURY has been discharged after failing to reach a verdict over whether a man raped a prostitute.

The trial of 20-year-old Kye Lewis, accused of raping a prostitute twice in a cemetery in Southend, has collapsed.

The jury heard during the course of the trial that Lewis had picked up a prostitute in Ambleside Drive in the early hours of the morning.

There was an agreement she would perform a sex act on him for cash payment.

He was then said to have driven off with the woman, taking her to a cemetery in Southend, despite requests from the woman to pull up somewhere nearer Ambleside Drive, where she felt “safer” to work.

It is alleged he pulled out a machete from the car door, took her out onto the bonnet and raped her before stealing her handbag and leaving her there.

However, Lewis told the jury in his evidence that all sexual contact with the woman had been consensual, and that they had sexual intercourse on the grass near his car.

He claimed they had agreed a fee of £40 for the sex beforehand, but he had chosen to only pay her £20 after the encounter because he said it was “not all that”.

The jury was also told a torn condom had been found at the scene with Lewis’ DNA on it.

Lewis, of Archer Avenue, Southend, was repeatedly accused by prosecuting barrister Noel Casey of lying in his account, saying he had force himself upon the woman and that no agreement had been reached about sexual intercourse beforehand.

He denied all accusations put to him.

At Basildon Crown Court on Friday, the jury returned after deliberating for the day and informed Recorder John Caudle that they did not believe that more time would allow them to reach a unanimous or majority verdict on the case.

Recorder Caudle had not choice but to discharge the jury from the case.

He thanked them for their time and efforts.

Noel Casey informed the court that the Crown Prosecution Service will wish to seek a retrial of Lewis’ case.

The hearing was adjourned and a date for the retrial will be fixed in the near future.

Lewis denies all offences against him.

He denies taking the handbag and any forced acts.