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09 January 2020 / Claire Christopholus
Issue: 7869 / Categories: Features , Criminal
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Getting away with murder?

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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

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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