header-logo header-logo

09 January 2020 / Claire Christopholus
Issue: 7869 / Categories: Features , Criminal
printer mail-detail

Getting away with murder?

13682
Irrelevant details about a victim’s sexual history are not a defence to murder or assault, says Claire Christopholus

The recent press coverage of British backpacker Grace Millane’s murder trial has served as a shocking reminder of the prejudicial treatment of young women, and the unwillingness of the media and the public to distinguish between consensual ‘rough sex’ and sexual violence. Grace (whose parents are pictured above) was 21 years old, travelling alone in New Zealand, when she was strangled to death on a first date. Her killer, whose name is subject to a court ‘suppression’ order, subsequently photographed her naked, before bundling her body into a suitcase and burying her in a forest. His defence was that they had engaged in rough sex, including choking, and Grace (pictured below) had died accidentally.

‘Friends of Grace Millane give evidence about her BDSM [bondage, domination and sadomasochism] interests’; ‘She asked him to choke her during sex’; ‘Grace Millane used a safe word whilst practising BDSM’; ‘Strangled tourist liked being choked’. These are just some

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

Bird & Bird—Gordon Moir

Bird & Bird—Gordon Moir

London tech and comms team boosted by telecoms and regulatory hires

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

NEWS
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
back-to-top-scroll