– False allegations exposed in our courts

In a saner world, the recent verdict in the Hockey Canada rape case would mark a pivotal cultural moment. After seven years of relentless public shaming five young hockey players have been found not guilty and their accuser exposed as a lying, manipulative woman.

The complainant – known as EM- admitted she took on the “persona” of a porn star when she went to a hotel room with members of this elite team. Witnesses reported she masturbated in front of them, repeatedly demanding the players have sex with her and calling those who refused “pussies.” “Can one of you guys come over and fuck me… is there anyone going to do anything to me or do I have to do it all?” she sneered at them.

There were two “consent” videos on one of the young men’s phones where she unreservedly admitted she had enjoyed it, “Ya I’m okay with this’’… “I enjoyed it. It was fine. It was all consensual.”

Police initially examined all the evidence and decided not to charge the men, but the accused men ultimately faced two jury trials which fell apart. It then turned out that Hockey Canada had paid an undisclosed settlement to EM after she sued them for $3.5 million.

Finally, the whole saga ended up in a judge-only trial. In her 90-page judgement, Judge Maria Carroccia does a great job spelling out the huge numbers of holes in EM’s story, concerns about her reliability and credibility and the gap between “her truth” and the actual truth.

Despite this, Canadian feminists are seething and seeking legislative change trying to ban consent videos from evidence in such trials. The rare sympathetic media coverage still admonishes the hockey players for immoral behaviour and suggests they should have treated EM with greater care. In her excellent blog on the case, Janice Fiamengo offers an impassioned response to this suggestion:

“What kind of ‘care’ did this woman deserve? I’m drawing a blank. Especially given that some of the players were as young as 18 years old, why is EM not criticized for her failure to attain their consent to the sexual activity? Did she not owe it to them not to sexually harass, berate, and shame them while they were inebriated and vulnerable? Did she not owe them the basic ‘care’ of not lying about them, persistently and criminally over years, to Hockey Canada investigators, police, lawyers, and the judge?”

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What madness is this? Instead of leading to a reckoning, proper accountability for lying women making false rape claims, this case is simply the latest and most prominent example of how our culture refuses to acknowledge how many men are being falsely accused. The believe-women cult is now so entrenched that even when such lies are exposed in court, complainants retain their heroic survivor status. Our legislators continue to tinker with our criminal justice system to support women’s version of the truth in these cases; making it almost impossible for many accused men to receive a fair hearing.

Look at this Sydney case for a prime example of how this is playing out. A few years ago, a couple met on a dating app and quickly discovered they were both into raunchy sex. They fell into a comfortable relationship based on irregular get togethers designed for sexual adventure. She was up for anything, and they’d tried all sorts of exotic techniques from anal sex to bondage. One day he messaged her to tell her he was bringing a surprise for their next date. Her response suggested she was thrilled with the prospect. All started well, he waited until she was very hot and heavy before introducing his surprise. It was a butt plug – a very small dildo chosen from a collection of varied sizes, which he carefully inserted into place.

Well, when she realised what was going on she had a total meltdown. Leapt out of bed, got dressed, stormed out of the room, and rang her mother to say she had been raped. Fast forward two years and a jury was faced with determining whether consenting to a sexual surprise included a butt plug. It proved too much for them and the hung jury meant this young man’s life was in limbo for another year until the prosecution finally decided to drop the case.

This is the garbage taking over our justice system. We are witnessing vital police and court resources being diverted so women can have their moment in the sun, playing victim over the most bizarre, nonsensical “rape” allegations, many of them totally manufactured.

Look at this fine young man – Christopher Kay – pictured with his Sydney barrister, Margaret Cunneen SC. A few months ago, a jury took two hours to throw out allegations that three years ago the then 18-year-old schoolboy had raped, choked and assaulted his girlfriend. He was found not guilty on all 18 charges.

Cunneen summed up the incongruity of a young man of his character – a private school boy, great student, well known as a “sterling gentleman” – being claimed to have “suddenly turned into a horrendous monster.”

The allegations only emerged after Kay tried to extract himself from a relationship with his difficult, demanding girlfriend. Here was a woman Cunneen described as “just so much work,” “so highly emotional, so obsessed with herself and obsessed with him.” The jury was presented with 22,000 pages of messages from her to him.

Very enthusiastic messages: “You make me unexplainably happy… you have allowed me to feel safer in your arms than I’ve ever felt anywhere else ever.”

Very sexy messages: “Baby, I’m so horny. I need my daily dose of daddy’s dick … I really need you to please my pussy, daddy”.

Initially, the defence was denied all the evidence of this positive side of the story – all the loving and explicit sexual messages were kept hidden by a police officer, who failed to provide full evidence from Kay’s phone, including a video of enthusiastic sex taking place after the alleged rape.

Messages sent the day after she claimed he sexually assaulted her showed her desperately trying to see him, suggesting they study together. “I don’t know what’s happening to me, I’m so horny”. “I’m fucking addicted to the idea of your face in between my legs right now”. “I literally came to the bathroom to watch the video of me bouncing up and down your massive cock because I’m down so bad for your cock, baby.”

Is it any wonder the jury tossed the whole thing out after her truth was exposed by Cunneen as a pack of lies? They witnessed her lying under oath, denying she had hidden a bracelet she claimed he had stolen, and that she’d scratched her own chest to claim he’d attacked her.

Kay’s life will forever be haunted by media exposure which included his name and face, his career prospects were damaged, the clever student missed out on overseas scholarship and exchange opportunities. But, naturally, for the unnamed fabricator there were absolutely no penalties.

Reading through such cases I am struck by these highly sexual, demanding women who relish men who fall into their web – until the moment comes when he fails to please her or seeks to escape. I’m reminded of those female spiders who consume males after mating. Sexual cannibalism, the biologists call it. But here the discarded male is simply tossed to a justice system absolutely primed to gobble him up.

It is just extraordinary how blatantly our police and prosecutors now work to do over accused men. Our Mothers of Sons group frequently hears from families who are astonished that police showed no interest in proof that their sons couldn’t have committed the act in question – video evidence, work logs, text messages, all sorts of exculpatory material showingthey were set up, that the rape never happened.

This week I spoke to a Queensland lad whose tinder date ended up with accusations that the 20-year-old had drugged, beaten and raped her. It took years before he found himself in front of a jury which in less than 20 minutes determined him not guilty on all charges. The judge spoke out about the failure of the police to do any investigation to verify her story before charging him. No effort to check out her false claims about where they met, to investigate why she refused a drug test, to examine phone message etc. The evidence was there to exonerate him, but our system didn’t bother to look for it. Or worse, it actively concealed it.

Note the next instalment in the Bruce Lehrmann saga has stalled in the Queensland court where he is facing another rape charge – I wrote about his Toowoomba gold-digger here. The court has now been told that a hard drive containing material critical to the case had “malfunctioned” and been “destroyed” by police. Give me a break!

A few months ago, a judge in the NSW Court of Appeal accused a prosecutor of engaging in “horrible and deceptive behaviour” when he tipped off a complainant as to gaps in her evidence. This was during a meeting where he told her he was dropping the case – which involved sex with two men in a hotel toilet at a Mardi Gras parade. The complainant then made a second complaint to police which “resolved issues contained in her earlier allegations”. There’s now a permanent stay on the proceedings due to the “impermissible coaching” by the prosecutor.

Another sexual assault case in rural Queensland recently fell apart when witnesses were found to be colluding outside the courtroom, discussing what they would say in court and how they could align their stories. Police had also lost crucial evidence including Snapchat messages and CCTV footage during their investigation. The complainant turned out to have made similar rape allegations on two previous occasions. This case has also been permanently stayed.

These are innocent men who have been set free after exposing the excesses of our biased system in court. But their experiences represent the tip of a putrid iceberg. Every week in Australia many men are finding themselves in court dealing with false rape allegations, up against zealous police and prosecutors prepared to do anything to win brownie points from their bosses who are under political pressure to push up conviction rates. And these innocent men are being sold out, day after day.

Many are ending up in prison, often on charges based on ludicrous accusations. I’ve come across a number of recent cases where men have been imprisoned when an ongoing pattern of enjoying half-awake, early morning sex is suddenly deemed rape. Waking up to find your partner trying to arouse you is now seen as sexual assault, according to mad affirmative consent legislation now becoming law across the country. And we have sexual consent courses across Australia making sure schoolgirls know they have this weapon available, should they choose to use it.

A Sydney man was released from prison late last year after a horrendous 15 months in jail after he was accused of having sex with his partner while she was asleep. She claimed he knew she wasn’t awake, he thought she was because she “made noises” and “reacted”. The couple had lived together for a month and had frequently had consensual sex after he aroused her awake through sexual touching. Complicating the case was “tendency’ evidence showing in other relationships he had also touched other women while asleep, trying to interest them in sexual activity. This influenced the jury and most likely contributed to the original conviction, but the appeal judges said this tendency evidence should have been inadmissible.

The judgment from the appeal court which gave the poor man his freedom even acknowledged that with couples “who cohabit and routinely share a bed, it could not be regarded as unusual or notable that the man would, on occasion, sexually touch the woman without prior discussion, including when the woman is sleeping.”

So, we do have reasonable judges making good decisions, saying sensible things, even protesting about the flood of cases reaching court supported by insufficient evidence. But the tide is still flowing against them, led by our frighteningly biased media and legislators only interested in locking more men up.

The result is many men facing false allegations of rape in Australia find themselves at the mercy of a legal system utterly stacked against them – truly a place where justice goes to die.

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