A York man has been acquitted of raping a deaf woman - because of her difficulty in communicating. The decision caused outrage today among campaigners who said it proved deaf people were "second class citizens".

The case against David Malcolm Seaman collapsed in its second day after the woman had given evidence through a sign language interpreter.

Announcing the Crown Prosecution Service's decision, prosecutor Kate Buckingham told York Crown Court: "This is not intended in any way to be a reflection on the nature of the complainant's evidence or indeed on her complaint."

But the CPS had to prove that Mr Seaman had known the woman did not consent or had been reckless as to whether or not she wanted sex. She said: "It may well be the view that the jury take that the defendant held a genuine but mistaken belief of her consent."

In the absence of the jury, Judge Arthur Myerson QC said he himself had been greatly troubled by communication problems during her evidence.

He said: "One can well understand the way in which problems might arise as to the manner her apparent actions indicated consent," he said.

After the jury entered, the judge directed them to acquit Mr Seaman, aged 33, of Kempton Close, Acomb. He had denied rape throughout.

Loreto Sturdy, a York campaigner on deaf issues, said today: "I am absolutely disgusted. That woman must have gone through a lot to have the courage to stand in a court and go through the whole thing to a bunch of strangers."

Jeff McWhinney, of the chief executive of the British Deaf Association, said it showed how society viewed deaf people as "second class citizens".

He said: "The fundamental human and civil rights of the deaf woman were dismissed because it was difficult to ascertain whether she did make it clear that she refused consent to having sex.

"This implies communication difficulties. But if this was a woman from an ethnic minority that is unable to communicate in English then there would be a public uproar."A spokeswoman for the charity Victim Support, said: "Vulnerable people are easily intimidated and often can't give evidence eloquently and properly - and that doesn't help them or justice."

In her evidence, the woman had repeatedly alleged she had not wanted sex with Mr Seaman.

She claimed she was so frightened of him she did what he wanted, including kissing him, taking off her own clothes and lying down on the floor.

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