Australia Australia - Two Female Backpackers attacked at Salt Creek, SA, 9 Feb 2016

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The court has heard that RH’s former girlfriend is “a woman scorned” whose claims of rape are unreliable for nine reasons including her mental illness. Boucart SC for RH asked the court to acquit hm of the latest allegations, saying the alleged victim’s evidence could not be believed for “nine reasons”:

HER “significant and longstanding” mental illness which, he claimed, could include symptoms of “irrationality, paranoia and hallucinations”;

LIES she had told during her evidence, including a denial she had exposed herself to the man via webcam;

HER attempt to “drastically play down” the severity of her mental illness;

A HIATUS of several days between the alleged rape and her return to her interstate home, during which another person could have attacked her;

DIFFERENCES between her account and those of witnesses in whom she confided about the alleged rape;

HER reluctance to show her purported bruises to her doctor;

HER reluctance to involve the police, indicating she “is somebody who wants sympathy but not the scrutiny of the authorities”;

HER “incredibly histrionic” evidence in the trial, including her decision to “hold the Bible aloft when she wanted to stress things”; and

HER bitterness over the end of the former couple’s relationship.

Boucaut said “She is a woman scorned ... I don’t want to be melodramatic about it. She is most certainly a woman scorned and rejected by the love of her life — not only scorned, but embarrassed.”

Pearce QC refuted these assertions. “There is no suggestion that she has been vindictive, and just because someone is upset does not mean they are psychotic or lying about what happened to them,” he said.

Boucaut said the charges should be dismissed, claiming the woman and her friends had “jumped on the bandwagon” of the Salt Creek “media frenzy”. “She told police, ‘I saw some footage on the news ... straight away I recognised (the man), he had the same T-shirt on that I had got him for Christmas’,” he said.

Pearce QC urged the court to accept the woman’s evidence as proof, beyond reasonable doubt, that she had been raped and said it was supported by the DNA match found on the satin cord as well as her bruises, which the woman herself had photographed.

Justice Trish Kelly remanded the man in custody and will hand down her verdict on a date to be set.

http://www.adelaidenow.com.au/news/...n/news-story/a230a1dbdec5c2d16c253d989480fa79

Another trial bites the dust. Next ...
 
It would seem that this woman has some form of mental illness and that a psychiatrist has produced a report and testified re this. It would be interesting to know whether this doctor appeared for the prosecution or the defence. Having a mental illness doesn't preclude you from saying that someone raped you.

Bearing in mind she travelled to his home from Tassie and had an intimate relationship with him, I don't see how Pearce can say that the DNA match found on the satin cord supported the fact that she had been raped. Many people go in for bondage. We don't know the extent of the bruising or any other injuries she sustained and photographed but they would be important.

Based on the little we know, this doesn't sound a very strong case to me.
 
Yes, it doesn't sound like a strong case at all but I commend her for being so brave as to speak up. No one exposes themselves to court scrutiny in this manner by fabricating a rape.
 
How convenient this man struck up a relationship with a mentally ill lady, no coincidence I'm sure, typical predatory behaviour, imo.
 
Yeah it really sucks that some people are less equipped to defend themselves from predators and their problems may even get them in the path of harm. I think she should be honoured for giving it a go to see official justice, it would not at all be easy.
 
JudgeJudi said:
It would seem that this woman has some form of mental illness and that a psychiatrist has produced a report and testified re this. It would be interesting to know whether this doctor appeared for the prosecution or the defence. Having a mental illness doesn't preclude you from saying that someone raped you.

Bearing in mind she travelled to his home from Tassie and had an intimate relationship with him, I don't see how Pearce can say that the DNA match found on the satin cord supported the fact that she had been raped. Many people go in for bondage. We don't know the extent of the bruising or any other injuries she sustained and photographed but they would be important.

Based on the little we know, this doesn't sound a very strong case to me.
Click to expand...

I am in agreeance, I have felt this from the start, that DNA doesn't prove anything and I never felt it was reported at the time.

Obviously the defence thinks that if RH hit the stand that he would say to much or show his total contempt to females and possibly lose any advantage.

I guess we will wait and see.
 
If ever one was in any doubt about why people are reluctant to report rape they only need to refer to Boucaut's "9 reasons not to believe the victim". [emoji19]


Sent from my iPhone using Tapatalk
 
Oona said:
If ever one was in any doubt about why people are reluctant to report rape they only need to refer to Boucaut's "9 reasons not to believe the victim". [emoji19]


Sent from my iPhone using Tapatalk
Click to expand...
yes, it is a disgrace. :-(
 
DNA testing actually rules possible suspects out far, far more than it rules suspects in.

Because DNA testing isn't the exact science most people think it is, e.g. 1 in untold millions, it is usually used in conjunction with other corroborating evidence in criminal trials.

Apparently it is very easily contaminated both prior to and during testing. Here's an easy to read article that explains this further.

https://phys.org/news/2015-10-easy-dna-contaminate-crime-scene.html
 
Looks like he is in court again on Monday this time under Justice Blue. I guess Judge Kelly needed a break. This number was last Tuesday.

Case #: Court Details
Date: Monday 1st May 2017 at 10:15a.m.
Court: Supreme Court
Court Room: COURT 1
Location: In Sir Samuel Way Building
Judicial Officer: Justice BLUE



Case Details

Participant: H, R. (SUPPRESSED)
Complainant: THE QUEEN (STATE)
Charge: -
Hearing Type: For trial
Case #: 3 SCCRM-16-260
 
DRT said:
Looks like he is in court again on Monday this time under Justice Blue. I guess Judge Kelly needed a break. This number was last Tuesday.

Case #: Court Details
Date: Monday 1st May 2017 at 10:15a.m.
Court: Supreme Court
Court Room: COURT 1
Location: In Sir Samuel Way Building
Judicial Officer: Justice BLUE



Case Details

Participant: H, R. (SUPPRESSED)
Complainant: THE QUEEN (STATE)
Charge: -
Hearing Type: For trial
Case #: 3 SCCRM-16-260
Click to expand...

2 down and ? 11 to go

I doubt it would be appropriate for 1 judge to hear 13 trials with the same accused but I've not followed anything like this.
 
THE Salt Creek kidnapper has confessed to sexually assaulting another foreign backpacker who he met online, and offered to take to Melbourne, two years before his Coorong crimes.

In circumstances chillingly similar to his infamous acts, the man approached the tourist through the Gumtree website and suggested they travel interstate via the Great Ocean Road.

http://www.themercury.com.au/news/n...s/news-story/4915cd9e8a79176354c33f57ee2edbec
 
It suddenly occurred to me that maybe his lack of respect for women is appearing in the court room as well. Perhaps he pleaded guilty because it was a male judge and pleaded not guilty to a female judge.
 
DRT said:
It suddenly occurred to me that maybe his lack of respect for women is appearing in the court room as well. Perhaps he pleaded guilty because it was a male judge and pleaded not guilty to a female judge.
Click to expand...

Ah, I'd not thought of that.

It must KILL him to have a female judge.....:happydance:
 
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