Thursday, April 10, 2008

Weird Law: Issues of Consent In Rape Cases

I do not usually post on criminal law but this case arrived on BAILII today and the deception practised on the victim is just so strange. This is from the judgment:

"We must summarise the facts of this bizarre and unpleasant story. The victim was a student. She went to college in 1999 where she met the appellant. They became very good friends, and in 2002 a sexual relationship began. Consensual intercourse took place, usually in hotel rooms booked by the appellant. After a few months the complainant started to receive threatening text messages and telephone calls. These messages continued throughout her student days, first at college, and later when she went to university. Something of their intimidating nature can be captured in comments like "we are going to kidnap you"; "we are going to convert you"; "we are going to kill you". The complainant confided in the defendant. At first she believed that the messages came from Muslim students at college. However when she left college and went on to university, the messages continued, and she continued to share these worries with the appellant. He was responsible for all the messages, but purported to give her every reassurance that he, together with his friends, would be able to protect her."
It gets weirder:

"In due course a text message to the complainant stated that PC Ken had died, and that PC Bob had taken over the investigation. PC Bob was as fictitious as PC Ken. All the messages were coming from the appellant. Some correspondence followed, until PC Bob fell out of the picture. The appellant told her that PC Bob had accepted bribes and had been sentenced to a substantial term of imprisonment. Thereafter, yet another fictitious police office, PC Thomas, was created. The complainant received a message from PC Thomas that he had taken over the investigation. The process continued as before. The complainant was to provide statements by text. When she failed to do so, she was told that the perpetrators would be getting away scot free.

The complainant had no idea that the appellant was responsible for this entire process. She was concerned about their ongoing relationship, and during the last two or three years tried to break it off. Whenever she sought to do so, she would receive text messages from the different police officers, telling her that the appellant had tried to kill himself and that she should do her duty and take care of him. She was told that she should sleep with the appellant, and that she would be liable to a fine if she did not. She received something like fifty such demands over a four year period. On each occasion she complied with them and had intercourse with the appellant in a hotel room. But for the messages from the fictitious police officers, she would not have done so."
The 8 year sentence was confirmed by the Court of Appeal. I really have nothing to add. I am not a criminal law specialist. View the title link if you are interested.

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