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.”
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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
Clodagh Rodgers, a singer best known for representing the UK at the 16th Eurovision Song Contest, has died aged 78.
The Northern Irish singer was described as “the rock of this family” by her son Sam, who said she died on Friday 18 April.
Sam Sorbie wrote: “With a heavy heart, my dear beautiful mum Clodagh has sadly passed away after battling an illness for the last three years. She passed away peacefully yesterday, surrounded by her family in Cobham.
“Mum has lived an incredible life, full of love and happiness. Her fantastic career performing, travelling the world, devoting her life to her two sons and being the rock of this family.
“Life will not be the same without Mum, but she will finally be at peace now with dad, nanny and pappa. We all love and miss her terribly.”
A regular face on the TV in the 1970s and 1980s, Rodgers performed Jack In The Box at the 1971 Eurovision Song Contest in Dublin, finishing in fourth place behind Germany, Spain and the winners, Monaco.
Jack In The Box went on to reach number four in the UK singles chart, and although she entered the charts later that year with Lady Love Bug, the Eurovision track remained her biggest hit.
Rodgers began singing as a youngster and got her first record deal aged just 15.
Rodgers performing at the 16th Eurovision. Pic: BBC
She went on to appear on primetime shows including The Morecombe And Wise Show, The Two Ronnies, Top Of The Pops, Bruce Forsyth & The Generation Game and The Val Doonican Show.
She was chosen as the face of Bisto gravy in the 70s, following her Eurovision hit.
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(L-R) Rodgers with Ronnie Corbett in 1971, when they starred in Cinderella. Pic: AP
A talented live performer, she also starred in her own West End show Talk Of The Town, and West End musical hit Blood Brothers, as well as numerous variety shows and the pantomime Cinderella, co-starring comedian Ronnie Corbett.
Rodgers released six albums, five compilation records and numerous singles across her six-decade career. She insured her voice for £1m.
In 2001 she appeared as a recurring character in police drama The Bill.
Married twice, Rodgers leaves behind her two sons, Sam and Matt.
Hip hop mogul Sean “Diddy” Combs has lost a bid to delay his upcoming sex-trafficking trial by two months.
US district judge Arun Subramanian said the 55-year-old rapper made his request too close to his trial, which is due to start next month.
Jury selection is currently scheduled for 5 May with opening statements set to be heard seven days later.
Combs has pleaded not guilty to five criminal counts including racketeering and sex trafficking.
Prosecutors with the Manhattan US attorney’s office accuse Combs of using his business empire to sexually abuse women between 2004 and 2024.
Combs’s lawyers say the sexual activity described by prosecutors was consensual.
In a court filing on Wednesday, Combs’s lawyer Marc Agnifilo asked Mr Subramanian to delay the trial because he needed more time to prepare his defence to two new charges which were brought on 4 April.
The charges were of sex trafficking and transportation to engage in prostitution.
Mr Agnifilo also said his team needs extra time to review emails it wants an alleged victim to turn over.
The new allegations brought the total number of criminal charges against the rap mogul to five – following the three original counts, which also included racketeering conspiracy, filed in September.
Federal prosecutors were opposed to any delay, writing in a Thursday court filing that the additional charges brought
earlier this month did not amount to substantially new conduct.
They also said Combs was not entitled to the alleged victim’s communications.
Read more: Everything you need to know about the Sean Combs trial
A sketch of Combs during one of his court appearances. Pic: Reuters
Meanwhile, Mr Subramanian is weighing other evidentiary issues, such as whether to allow alleged victims to testify under pseudonyms.
Also known during his career as Puff Daddy and P Diddy, Combs founded Bad Boy Records and is credited with helping turn rappers and R&B singers such as Notorious B.I.G, Mary J. Blige, Faith Evans and Usher into stars in the 1990s and 2000s.
But prosecutors have said his success concealed a dark side.
They say his alleged abuse included having women take part in recorded sexual performances called “freak-offs” with male sex workers, who were sometimes transported across state lines.
Combs has been in jail in Brooklyn since September, having been denied bail.
He also faces dozens of civil lawsuits by women and men who have accused him of sexual abuse.
Combs has strenuously denied all allegations of wrongdoing.
Entertainment
Warfare’s Alex Garland: ‘Being anti-war is not the same as saying it should never happen’
Alex Garland says while it’s “the most obvious statement about life on this planet” that the world would be a better place without war, it “doesn’t mean it should never happen”, and there are “circumstances in which war is required”.
The Oscar-nominated screenwriter and director told Sky News: “I don’t think it is possible to make a statement about what war is really like without it being implicitly anti-war, inasmuch as it would be better if this thing did not happen.
“But that’s not the same as saying it should never happen. There are circumstances in which war is required.”
(L-R) Co-writers and co-directors Alex Garland and Ray Mendoza. Pic: A24
His latest film, Warfare, embeds the audience within a platoon of American Navy SEALs on an Iraqi surveillance mission gone wrong, telling the story solely through the memories of war veterans from a real 2006 mission in Ramadi, Iraq.
Garland says the film is “anti-war in as much as it is better if war does not happen,” adding, “and that is about the most obvious statement about life on this planet that one could make.”
Comparing it to ongoing geopolitical conflict across the world, Garland goes on: “It would be better if Gaza had not been flattened. It would be better if Ukraine was not invaded. It would it better if all people’s problems could be solved via dialogue and not threat or violence…
“To be anti-war to me is a rational position, and most veterans I’ve met are anti-war.”
The screenwriter behind hits including Ex Machina, 28 Days Later and The Beach says this film is “an attempt to recreate something as faithfully and accurately as we could”.
The film opens to Swedish dance hit Call On Me. Pic: A24
‘War veterans feel invisible and forgotten’
Almost entirely based on first-person accounts, the 15-rated film opens with soldiers singing along to the video of Swedish dance hit Call On Me – complete with gyrating women in thong leotards.
It’s the only music in the film. The remaining score is made up of explosions, sniper fire and screams of pain.
Garland co-wrote and co-directed the film alongside Hollywood stuntman and gunfight coordinator Ray Mendoza, whom Garland met on his last film, Civil War.
Mendoza, a communications officer on the fateful mission portrayed in the film, says despite the traumatic content, the experience of making the film was “therapeutic”.
Mendoza told Sky News: “It actually mended a lot of relationships… There were some guys I hadn’t spoken to in a very long time. And this allowed us to bury the hatchet, so to speak, on some issues from that day.”
Turning to Hollywood after serving in the Navy for 16 years, Mendoza says past war film he’d seen – even the good ones – were “a little off” because they “don’t get the culture right”.
Mendoza admits: “You feel like no one cares because they didn’t get it right. You feel invisible. You feel forgotten.”
With screenings of Warfare shown to around 1,000 veterans ahead of general release, Mendoza says: “They finally feel heard. They finally feel like somebody got it right.”
As to whether it could be triggering for some veterans, Mendoza says decisively not: “It’s not triggering. I would say it’s the opposite, for a veteran at least.”
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D’Pharaoh Woon-A-Tai plays communications officer Ray. Pic: A24
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A tense and raw 90-minute story told in real time, the film’s ensemble cast is made up of young buzzy actors, dubbed “all of the internet’s boyfriends” when the casting was first announced.
Mirroring the Navy SEALs they were portraying, the cast initially bonded through a three-week bootcamp ahead of filming, before living together for the 25-day shoot.
Black Mirror’s Will Poulter, who plays Eric, the officer in charge of the operation, says the film’s extended takes and 360-degree sets demanded a special kind of focus.
Poulter said: “It required everyone to practise something that is fundamental to Navy SEAL mentality – you’re a teammate before you’re an individual.
“When a camera’s roaming around like that and could capture anyone at kind of any moment, it requires that everyone to be ‘on’ at all times and for the sake of each other.
“It becomes less about making sure that you’re performing when the camera lands on you, but as much about this idea that you are performing for the sake of the actor opposite you when the camera’s on them.”
Another of the film’s stars, Reservation Dogs’ D’Pharaoh Woon-A-Tai, plays Mendoza and is the heart of the film.
Woon-A-Tai says the cast drew on tactics used by real soldiers to help with the intense filming schedule: “Laughter is medicine… A lot of times these are long takes, long hours, back-to-back days, so uplifting our spirit was definitely a big part of it.”
He also joked that shaving each other’s heads in a bonding ritual the night before the first day of filming was a daunting task.
“As actors, we love our hair. I mean, I speak personally, I love my hair. You know, I had really long hair. So yeah, it definitely takes a lot of trust. And you know, it wasn’t even at all, but you know it was still fun to do.”
Warfare is in cinemas now.
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