"She did not take any physical action to move away from the intercourse or attempted intercourse, either when they were standing up, or when she was down on the ground on all fours," Judge Tupman said.

She said Mr Lazarus told her he part-owned the club before leading her into an alley outside and raping her.

"I stress that by none of that behaviour, in her own mind, was the complainant consenting to sexual intercourse and I have already found that the Crown has proved lack of consent beyond reasonable doubt, but I accept that this series of circumstances on the early morning of 12 May 2013 amounts to reasonable grounds in the circumstances for the accused to have formed the belief, which I accept was a genuine belief, that in fact the complainant was consenting to what was occurring even though it was quick, unromantic, they had both been drinking and in the case of both of them [it] may not [have] occurred if each had been sober."

The Director of Public Prosecutions lodged an appeal against the acquittal, on the grounds that Judge Tupman had erred in taking into account Mr Lazarus' self-induced intoxication, and did not include in her judgment the steps Lazarus took to ascertain whether the woman was consenting.

The appeal was dismissed on Monday by the Court of Criminal Appeal.

In a unanimous judgment, Justice Geoffrey Bellew found the second ground for appeal was made out, but the court should exercise its discretion to not order a second retrial.

Justice Bellew said it was "undesirable" for a retrial to take place more than five years after the alleged offending, any criminal trial would be an "ordeal" for both parties, and it was significant that Mr Lazarus would face trial for a third time if the appeal was allowed.