Imagine a sexual encounter involving a woman shagging a man, sitting on top of him, bouncing cheerfully. How could she be a rape victim?
That was a key question at the heart of a case settled two years ago involving a Sydney man who achieved a substantial payout as settlement of a $1 million malicious prosecution case against NSW police and prosecutors. The case exposed the disgraceful behaviour of police and the Director of Public Prosecutions (DPP) in ignoring clear video evidence revealing his former wife’s rape and assault allegations to be falsehoods, the authorities’ role in encouraging her to concoct new allegations, and their lies told in court to try to keep him in prison.
The settlement came at the end of a five-year ordeal for the man – I’ll call him ‘Peter’ – after his former wife, a medical specialist, told police he had raped her a few weeks after the couple had split up in 2015. The marriage fell apart when Peter discovered she was having an affair, but the couple then had a brief reconciliation which culminated in consensual sex on the day in question.
Two months later Peter was arrested and charged with sexual assault and violence when he returned from a work trip to Europe. He spent a month in prison and over $350,000 in legal costs before the allegations were thrown out after a 10-day jury trial. The judge described the wife’s evidence as ‘demonstrably false’ and said that the prosecutors had failed to take into account ‘clear and consistent, objective evidence’ backing up Peter’s claim that he was being wrongly accused.
Peter had installed video cameras that recorded the whole encounter, giving a lie to the wife’s allegation that he had jumped her immediately following her arrival at the former marital home. The cameras showed them fully dressed for almost an hour prior to the consensual sex which featured the woman in flagrante delicto, sitting riding him on the couch.
And… wait for it…. During their lively encounter, the video evidence showed she actually stopped to ask if he was okay!
The doctor has suffered no adverse consequences for her malicious lies. Peter’s efforts to have her charged with perjury have received persistent knock-backs from police, the DPP, and other relevant complaints bodies.
That’s our justice system. Women accusing men of rape or violence have absolute license to perjure themselves in our courts and concoct elaborate mistruths which, even if proved false, will very rarely bear any adverse consequences.
Bettina Arndt
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