The Murder Of Grace Millane: ‘Heinous’ rough sex defence explored five years on from British backpacker’s killing in New Zealand
On 2 December 2018, British backpacker Grace Millane should have been celebrating her 22nd birthday during the trip of a lifetime in New Zealand.
Thousands of miles from her home in Essex, the messages and requests for video calls from friends and family kept pinging through to her phone. But they were never answered.
Her disappearance made headlines around the world. Grace had been murdered by Jesse Kempson, a 26-year-old man she met through Tinder. He strangled her in a hotel room in Auckland, calmly left in the morning to purchase a suitcase, and later buried her body in an area of bushland in the Waitakere Ranges.
Jesse Kempson initially lied to police – but CCTV showed the inaccuracies in his story
When CCTV contradicted his story – that they enjoyed a short date before going their separate ways – he admitted she had died while with him, but claimed a case of consensual “rough sex” gone badly wrong.
Kempson’s defence meant Grace’s parents David and Gillian, grieving and in a strange country, listened in court to what felt like blame and shaming of their daughter; details of her sex life raked over, never able to tell her own story. Following the trial, it emerged Kempson had a record of violence against women and had raped another British tourist eight months before he murdered Grace.
Almost five years on, a new documentary, The Murder Of Grace Millane, takes a look back at the night of her death and Kempson’s subsequent trial, focusing on his use of the defence and the reaction from some on social media that Grace was in some way at fault for going back to a hotel room with a man she had met that day.
Detective Inspector Scott Beard pictured with Grace Millane’s parents David and Gillian outside Auckland High Court
“Essentially the rough sex defence re-victimises that victim and their families – in a murder case, their families who are sitting in court,” Detective Inspector Scott Beard, the lead investigator on the case, tells Sky News. “The victim isn’t there to answer.”
The documentary has been made by filmmaker Helena Coan, featuring DI Beard and with the blessing of Grace’s family. She says Kempson’s defence, arguing that Grace had asked to be choked during sex, was one of the main reasons she wanted to tell the young woman’s story.
“I’ve been in that position and probably every woman in the history of the world has been in that position, on a new date with someone that you don’t really know,” she says. “We’re excited to be there.” The CCTV footage shows a “young girl having fun in a new country”, she adds. “She was just a normal young woman who absolutely didn’t deserve what was about to happen to her.”
Grace, in the last image of her taken alive, stands with Kempson in the hours before he murdered her
Coan’s film lets the evidence speak for itself. There is contradictory CCTV, footage of Kempson rifling through Grace’s bag when she left the table during her date, his internet search history for porn in the hours after Grace’s death, as well as for “Waitakere ranges” – the location where he would later bury her body. He also took photos of her. And there was no call to emergency services, no attempt to get help.
Jurors saw through Kempson’s account and he was ultimately found guilty, sentenced to a minimum of 17 years in prison. But campaigners say the rough sex defence in some cases can lead to reduced sentencing.
“People don’t really understand the prevalence of the rough sex defence,” says Coan. “Men are getting away with the most heinous, manipulative, planned, pre-meditated crimes. And they are saying, basically, ‘she asked for it’.
“It’s scary to see how lawyers use this defence and how juries still buy into this idea, that a woman can consent to being strangled to death.”
As it was said in court, she points out, it takes five to 10 minutes to kill someone by strangulation. “That’s not pleasure. That’s murder.”
Read more:
The final hours of Grace Millane’s life
Mother tells killer he has ‘ripped a hole’ in her heart
Please use Chrome browser for a more accessible video player
Grace Millane’s murderer in police interview
In England and Wales, following much campaigning, it was announced in 2020 that “rough sex” legally should not be considered a defence to violent crime, that a person “cannot consent to actual bodily harm or to other more serious injury or, by extension, to their own death”.
Before this, the We Can’t Consent To This campaign group, which was set up following another woman’s killing, said the use of the defence had increased tenfold since 2000. It features the stories of dozens of women and girls on its website.
Following Kempson’s conviction in 2019, Susan Edwards, a barrister and law professor who spent years campaigning for a change in legislation in the UK, told Sky News she believed the “alarming” increase in the use of the defence was down to “a narrative in society of pornography in the media and much more generally” which meant jurors “might be more persuaded to accept that women are more consenting to this type of dreadful behaviour”.
Coan says she wants to see changes in the conversation generally, “outside of the courtroom – about women and violence against women and domestic violence and victim blaming – that then makes these defences harder to use because juries don’t buy into them as much”.
Her film features comments made about Grace on social media as news of her disappearance and death made headlines. She says it was “horrifying” to see the negative remarks. “It’s always scared me how quickly people want to blame victims of violence for the violence that’s committed against them. I want people to hear [the evidence] and then go, there is no way she could have consented to this.”
Coan says she hopes more than anything that the film will help more men understand the “silent burden” of the fear of violence that women carry.
“That’s really where things start to change, is with good men calling out other men. I want men to watch this film and understand that this feeling that something like this could happen is with every single woman, all the time. All the way through their lives. I want men to watch this and realise the fear that we carry and how heavy that is, and how men can really help to solve that.”
Watch The Murder of Grace Millane on Sky Documentaries and NOW from 22 October
Entertainment
Dance artist Moby on the destructive force of fame – and why he’s content being that ‘weird old guy’
He is the man behind the biggest-selling electronica record of all time, but the success of Moby’s album Play came with some unwanted side effects.
His fifth record, the album charted at 33 upon its release in the UK in May 1999, and fell out of the Top 40 after just a week. But despite the lacklustre initial response, Play started to pick up steam, slowly climbing the chart until it reached number one in April 2000.
It stayed there for five weeks and remained in the Top 40 until March 2001, re-entering the Top 100 several times over the next few years.
While Moby had experienced success with Go, the breakthrough 1991 single from his self-titled debut album, Play was next level. Even if you don’t know the album, you’ll know at least some of the songs – Porcelain, Why Does My Heart Feel So Bad?, Honey, and Natural Blues. The record was ubiquitous and fame hard to escape.
Pic: Adam Warzawa/EPA/Shutterstock
“I think fame and fortune are, probably, empirically two of the most destructive forces on the planet,” he says, speaking from his home in Los Angeles. “I mean, if fame and fortune fixed things, Kurt Cobain and Amy Winehouse would still be making records.
“I guess it’s a very easy system to buy into, especially in a place like… in New York, in Los Angeles, in these big cities that are driven by ostentation and consumption and the need for external validation. It’s hard to resist those temptations. But then… you look at the consequences of that.
“I’d rather try and live a rational life and not necessarily let other people’s concerns dictate what my concerns should be.”
Now sober and with a few years between him and those heady days of peak fame, in recent years Moby has been doing something few established stars in his position would do – giving his compositions away for free.
“I have a house, I have a car, I have some hoodies, I have food in the fridge, I don’t really need anything more,” he insists. “To live and work in a way where I’m not driven by money, why not use that as an opportunity?”
Selfless selfishness or selfish selflessness
Pic: Wael Hamzeh/EPA/Shutterstock
Over a decade ago, the musician came up with the quietly radical idea of making a free music licensing platform, MobyGratis. The idea was simple and rather exciting, he admits – to allow anyone unrestricted access to hundreds of his compositions to use them however they wish. From film scores to remixes, whatever.
“It’s either selfless selfishness or selfish selflessness, meaning I’m giving these things away but the benefit to me is I get to see what people do with it,” he says.
“There are a lot of things about the current digital media climate that are terrifying and baffling and confusing, but one of the things I love is the egalitarian nature of it.”
The idea of giving his music away for free runs somewhat contrary to the AI copyright battle many artists are currently speaking out over, with the likes of Ed Sheeran and Damon Albarn calling for greater protections in law to prevent artificial intelligence software from scraping their work to learn from it.
Remix culture and creative processes
“I completely appreciate and respect the concerns that other people have,” says Moby. “I think they’re incredibly valid… but for me personally, I don’t know. Maybe it’s naive and stupid of me, but I kind of just ignore it.
“I put this music out there and you sort of hope for the best, which probably is completely dim-witted of me. Part of remix culture is seeing how people reinterpret your work; sometimes it’s mediocre, sometimes it is bad, but sometimes it is so inspired, and I can actually learn a lot from other creative processes.”
Read more:
Giles Martin likens AI plans to giving burglars free rein
David Attenborough’s Ocean is ‘biggest message’ he’s ever told
The dance artist also takes issue with how the act of giving and compassion more generally has come to be seen, and references Elon Musk‘s comments on Joe Rogan’s podcast in April, when the billionaire said: “We’ve got civilizational suicidal empathy going on.”
Moby says that while “we live in this world of fear, selfishness, desperation and viciousness”, he supports “anything that is a rejection of the manosphere… anything that rejects Elon and the idea that empathy is a weakness and reminds people that life can be simple and decent.”
He jokes: “I’m definitely becoming like the weird old guy that you’ll see in the mountains, sort of like not making eye contact and mumbling about chemtrails or something.”
This is a man who is aware his approach to fame, fortune and giving stuff away is somewhat out-of-keeping with the times we’re living in – but the thing is, Moby doesn’t seem to care.
Entertainment
Lawyer for Sean ‘Diddy’ Combs claims there was ‘mutual violence’ between him and ex-girlfriend
A lawyer representing Sean “Diddy” Combs has told a court there was “mutual” domestic violence between him and his ex-girlfriend Casandra ‘Cassie’ Ventura.
Marc Agnifilo made the claim as he outlined some of the music star’s defence case ahead of the full opening of his trial next week.
Combs has pleaded not guilty to one count of racketeering conspiracy, two counts of sex trafficking and two counts of
transportation for prostitution. If convicted, he faces up to life in prison.
Ms Ventura is expected to testify as a star witness for the prosecution during the trial in New York. The final stage of jury selection is due to be held on Monday morning.
Please use Chrome browser for a more accessible video player
Why is Sean Combs on trial?
Mr Agnifilo told the court on Friday that the defence would “take the position that there was mutual violence” during the pair’s relationship and called on the judge to allow evidence related to this.
The lawyer said Combs‘s legal team intended to argue that “there was hitting on both sides, behaviour on both sides” that constituted violence.
He added: “It is relevant in terms of the coercive aspects, we are admitting domestic violence.”
A court sketch showing Sean ‘Diddy’ Combs (right) as he listens to his lawyer Marc Agnifilo addressing the court. Pic: Reuters
Ms Ventura’s lawyers declined to comment on the allegations.
US District Judge Arun Subramanian said he would rule on whether to allow the evidence on Monday.
Combs, 55, was present in the court on Friday.
He has been held in custody in Brooklyn since his arrest last September.
Prosecutors allege that Combs used his business empire for two decades to lure women with promises of romantic relationships or financial support, then violently coerced them to take part in days-long, drug-fuelled sexual performances known as “Freak Offs”.
Read more:
Diddy on trial: Everything you need to know
Sean Combs: A timeline of allegations
Combs’s lawyers say prosecutors are improperly seeking to criminalise his “swinger lifestyle”. They have suggested they will attack the credibility of alleged victims in the case by claiming their allegations are financially motivated.
The trial is expected to last around eight weeks.
Entertainment
Harvey Weinstein accuser says film mogul ‘took her soul’ during alleged sexual assault
An ex-model has tearfully told a court that being sexually assaulted by Harvey Weinstein when she was 16 was the most “horrifying thing I ever experienced” to that point.
Warning: This article contains references to sexual assault
Kaja Sokola told the film producer’s retrial that he ordered her to remove her blouse, put his hand in her underwear, and made her touch his genitals.
She said he’d stared at her in the mirror with “black and scary” eyes and told her to stay quiet about the alleged assault in a Manhattan hotel in 2002.
Ms Sokola told the New York court that Weinstein had dropped names such as Penelope Cruz and Gwyneth Paltrow, and said he could help fulfil her Hollywood dream.
“I’d never been in a situation like this,” said Polish-born Ms Sokola. “I felt stupid and ashamed and like it’s my fault for putting myself in this position.”
Weinstein denies sexually assaulting anyone and is back in court for a retrial after his conviction was overturned last year.
Read more: Weinstein is back in court – but what has happened to the #MeToo movement since 2017?
Weinstein denies the allegations. Pic: Reuters
The 73-year-old is not charged over the alleged sexual assault because it happened too long ago to bring criminal charges.
However, he is facing charges over an incident four years later when he’s said to have forced Ms Sokola to perform oral sex on him.
Prosecutors claim it happened after Weinstein arranged for her to be an extra in a film.
“My soul was removed from me,” she told the court of the alleged 2006 assault, describing how she tried to push Weinstein away but that he held her down.
Read more from Sky News:
Bargain Hunt expert charged as part of police investigation into terrorist financing
Attenborough’s Ocean film is ‘biggest message he’s ever told’
Ms Sokola – who’s waived her right to anonymity – is the second of three women to testify and the only one who wasn’t part of the first trial in 2020.
Miriam Haley testified previously in the retrial. Pic: AP
Miriam Haley last week told the court that Weinstein forced oral sex on her in 2006. The other accuser, Jessica Mann, is yet to appear.
Claims against the film mogul were a major driver for the #MeToo movement against sexual harassment and abuse in 2017.
Weinstein’s lawyers allege the women consented to sexual activity in the hope of getting film and TV work and that they stayed in contact with him for a while afterwards.
-
Sports3 years ago‘Storybook stuff’: Inside the night Bryce Harper sent the Phillies to the World Series
-
Sports1 year agoStory injured on diving stop, exits Red Sox game
-
Sports2 years agoGame 1 of WS least-watched in recorded history
-
Sports2 years agoMLB Rank 2023: Ranking baseball’s top 100 players
-
Sports4 years ago
Team Europe easily wins 4th straight Laver Cup
-
Environment2 years agoJapan and South Korea have a lot at stake in a free and open South China Sea
-
Environment2 years agoGame-changing Lectric XPedition launched as affordable electric cargo bike
-
Business3 years agoBank of England’s extraordinary response to government policy is almost unthinkable | Ed Conway