His appeal mainly argued that his lawyers had conducted the trial incompetently.
In December last year, four months after his trial, Mr Butterworth filed an affidavit, feeling he did not have the opportunity to tell his full version of events to lawyers and at his trial.
In the affidavit, which he did not mention at his trial, he wrote the student had been flirting with him by wearing revealing clothing and and waving at him as he went past.
When the student had been “squirming” trying to get away from him, Butterworth claims he “could feel her moving and it appeared she was enjoying it”.
The appeal judges rejected that the affidavit was a genuine clarification of his memory, instead believing Butterworth was trying to rationalise his crimes.