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
Culture lovers have long believed in the healing power art. Now, science has caught up, with new research showing it has measurable benefits on the body.
A study from King’s College London has found that looking at original artworks, in a gallery, doesn’t just lift us emotionally – it also has a positive impact on our physical health.
Fifty people aged between 18 and 40 were shown art by a selection of leading 19th-century artists: Toulouse-Lautrec, Manet, van Gogh and Gauguin.
Henri de Toulouse-Lautrec (1864 – 1901), Jane Avril in the Entrance to the Moulin Rouge (c. 1892)
Édouard Manet (1832 – 1883), Banks of the Seine at Argenteuil (1874)
Édouard Manet (1832 – 1883), A Bar at the Folies-Bergere (1882)
Vincent van Gogh (1853 – 1890), Self-Portrait with Bandaged Ear (1889)
Paul Gauguin (1848 – 1903), Te Rerioa (The Dream) (1897)
Participants viewed five paintings for three minutes each, in a 20-minute session.
But while half viewed the original paintings in the Courtauld Gallery in London, the others looked at reproductions in a neutral setting.
Their heart rates and skin temperature were measured with research-grade digital watches to indicate levels of interest and arousal, and saliva samples were taken with swabs before and after the session to measure stress hormones.
The results in those looking at the results in the gallery were significant, and immediate: The stress hormone cortisol fell by 22% and inflammatory markers linked to health problems including heart disease, diabetes and depression were reduced by as much as 30%.
No change was observed in the reproduction group.
Dr Tony Woods, researcher at King’s College London
Dr Tony Woods of King’s College London, who was the study’s lead researcher, told Sky News: “The magnitude of the difference between being in here and looking at the real art, looking at the copies in the laboratory, the difference between the two participant groups was quite enormous.”
It’s good news for the NHS, which is increasing its use of social prescribing, which can include visits to galleries.
Dr Woods went on: “The government’s health strategy is all about prevention. And this is a gift to [Health Secretary] Wes Streeting. Art is very well worth investing in because of the return on investment – it will keep people out of hospitals.”
Over one and a half million people in the UK accessed social prescribing between September and August this year across the UK, and NHS England told Sky News their ambition is to make it available to every person in England.
Dr Woods says the next steps of the study will be to find out how long the positive effects last, and research further into the effects of art on older participants.
Russell Tovey, actor, art lover and co-host of Talk Art, chatted to Sky News about his favourite piece at the gallery – van Gogh’s Self-Portrait with Bandaged Ear (1889).
Talk Art podcast hosts Russell Tovey and Robert Diament
Tovey jokes: “Look at this painting here. It’s quite a troublesome picture, especially for me with my ears…
“But you can look at the surface and the way that he makes brushstrokes and the scale of the things and the colour he used. And you think about his life at the time and where he was living, and all those questions and answers will reveal the painting.”
Tovey adds: “Art is intrinsic to humanity,” and “shows us who we are”.
And now with the new findings, the hope is that gallery visits will be considered just as good as your ‘five-a-day’.
Tovey goes on: “It’s good for your health, it’s beneficial to your mental health and to your wellbeing to be in a museum and to be around art…
“If you eat well, go to the gym and go to a regular art gallery visit, then your health will be through the roof.”
Tovey’s podcast co-host, gallery owner Robert Diament, agrees: “I think it’s really important just to slow down a bit. Going to a museum or gallery can be part of your self-care routine… It will improve your life.”
Amid rising costs, reduced funding and dwindling visitor numbers, the findings could also provide a boost to galleries.
Jenny Waldman, Art Fund director, told Sky News: “These museums and galleries were set up in all cities and towns by people, you know, hundreds of years ago, who felt that it was good for people. So, this is the evidence, finally, that they were right.”
Jenny Waldman, Art Fund director
The national charity for museums and galleries, Art Fund champions art around the country, with initiatives including the National Art Pass which offers free or discounted entry to hundreds of museums, galleries and historic places around the UK.
So, what do gallery visitors think of the news that their time looking at art will positively impact their wellbeing?
Charlie, 10, from London said: “It makes me feel quite calm, and it draws me in.”
His dad Patrick, who had brought Charlie with his two young brothers to see the exhibition, added: “Looking at them on screens, or even in books, you just don’t get the full impression.”
Taeseok, an arts student from Amsterdam visiting the UK for the first time, said it felt good to stand and focus on just one thing, with no distractions. He summed it up: “Things around you start to not matter at all… It’s just you and the artwork.”
Re-framed as a course of treatment instead of an indulgent pastime, could the hard edge of science change the role galleries play in society?
If so, it could be a fitting reminder to the government of the true power of art, at a time when so many institutions are struggling to survive.
Thieves have stolen more than 1,000 items from a museum’s collection in California, including jewellery, carvings and Native American artefacts.
The burglary took place at an off-site storage facility holding items for the Oakland Museum of California (OMCA) on 15 October.
A neckpiece by Florence Resnikoff was also taken. Pic: Leopold Macaya/Oakland Museum of California/AP
The museum’s director said on Thursday details about the incident were being made public because the items might show up at flea markets, pawn shops and antique stores.
“The theft that occurred represents a brazen act that robs the public of our state’s cultural heritage,” said Lori Fogarty.
“They’re not just a loss to the museum. They’re a loss to the public, to our community and we’re hoping our community can help us bring them home.”
She also said she believed it was an opportunistic crime, rather than a targeted raid.
“We think the thieves found a way to enter the building, and they grabbed what they could easily find and snatch and get out of the building with,” she said.
Oakland Museum of California. Pic: Leopold Macaya/Oakland Museum of California/AP
A metal neckpiece by the late artist Florence Resnikoff, scrimshaw walrus tusks and Native American baskets were taken, with the thieves also making off with historic memorabilia like pins and sporting items.
Experts believe some items may have already been sold.
John Romero, a retired police captain, told the Los Angeles Times he expects detectives are looking at resale platforms such as Craigslist and Ebay, as well as networks specialising in historic or collectable goods.
“These people are interested in fast cash, not the full appraisal value,” he said. “They need to get rid of it quickly.”
Oakland Police Department is working with a specialist art crime unit of the FBI to track down the items.
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The OMCA’s mission is to document the art, history and natural environment of the Golden State.
Its collection carries works by famous Californian artists from the 18th century to present day.
The theft at the OMCA took place four days before the brazen jewellery heist at the Louvre museum in France.
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Suspects in Louvre robbery ‘partially confessed’
Thieves broke into the world-famous Paris museum while it was open to visitors on 19 October and made off with several Napoleonic crown jewels.
Authorities have made five arrests but the stolen items have not yet been recovered.
Entertainment
‘We’re having the time of our lives’: Westlife on 25 years of touring, family fame and fans
They were one of the main staples of noughties music in the UK and Ireland and to celebrate 25 years of touring, Westlife have returned to the spotlight again.
The boy band has released a new song called Chariot, with an album following suit in February and a tour that will take them around the world next year.
“The Westlife story is fairy tale stuff and we’re very lucky and proud to be part of it”, Shane Filan tells Sky News at the Royal Albert Hall, where they have just performed for two nights.
“It took our breath away. We came out to the Royal Albert Hall thinking it might be a little bit more intimate than a big arena and just the sheer noise, the sheer screams from the women and everyone just having good fun.
“The support and love, we never felt it like we did in the room. It was amazing.”
Westlife started their 25th anniversary celebrations with two sold-out shows at the Royal Albert Hall in London
Formed by their manager Louis Walsh in the late 1990s, the group originally consisted of Filan, Mark Feehily, Brian McFadden, Nicky Byrne and Kian Egan.
McFadden left the group in 2004 to pursue a solo career, but the other four have remained together.
Due to health issues, Feehily can’t join the celebrations, but representatives say he is still very much part of the band and features on their new music and upcoming album.
Westlife were blown away by the ‘sheer noise’ of screaming fans at the Royal Albert Hall. Pic: Sony Music
Pic: Sony Music
History-making chart successes
Westlife are joint third with Sir Cliff Richard and Ed Sheeran for the most UK number one singles in history, just behind Elvis and The Beatles.
In their first 18 months, they secured seven of those top spots thanks to songs like Flying Without Wings, I Have A Dream and If I Let You Go.
Reflecting on the years gone by, Byrne says the nostalgia hits harder than ever.
“You see the generations coming to the shows, people letting their hair down, people remembering the songs from their first kiss, the first dance, all those special things that music does,” he says.
“Not even just for the fans – we’re having the time of our lives.
“We’re singing these songs up there… I remember breaking the wardrobe door when we were promoting Swear It Again, and now we’re singing it in front of the Royal Albert Hall and look, I mean, just look at this place.”
(L-R) Kian Egan, Nicky Bryne and Shane Filan say they are having ‘the time of their lives’ performing together again
Famous fans and furniture
For Byrne, finding out about fans of their music never gets old, and their song Flying Without Wings seems to be a key component of their stature in music.
“I did Soccer Aid with Tom Grennan recently, and he was talking all about how he grew up listening to Westlife – his dad is Irish. Big Zuu, who scored the winning goal, he was like, ‘Flying Without Wings, man, is the best song I’ve ever heard’.”
It’s the same song Sheeran first learned to play guitar on, and years later, he began writing songs for the group, including their latest single Chariot.
Oddly, it’s their choice in furniture that receives just as much attention as their music over the years, with four stools becoming synonymous with the group.
Stemming from their lack of dancing skills, according to Simon Cowell at least, they chose to change it up and simply rise from their chair on the key change of the song.
“We are stool connoisseurs. It’s become a very strange thing and it’s nearly as big as our music. It’s genuinely as big as You Raise Me Up,” Filan laughs.
Filan (R) jokes that the band have become ‘stool connoisseurs’
Keeping their kids grounded
As the band continued to release music, each member settled down and had families of their own. Now their children are around the same age they were when they first started as a group.
Egan says they all made a conscious decision to raise the next generation away from the spotlight.
“We don’t want our kids growing up in this world and at the end of the day they are privileged, so it’s really important for us to keep them grounded and to try and give them as much of a natural kind of upbringing as they possibly can, and I think that’s why we choose to bring them up in the same places that we grew up,” he adds.
Byrne chimes in jokingly: “Slightly bigger houses, though!”
It was this tour that caused Byrne’s children to realise the extent of their father’s fame.
“I have twin boys who are 18 and a half, and the middle girl is 12. So last week, when the tour went on sale in Ireland, and we went from five nights in the 3Arena to 13, and from Belfast it went from three right up to seven, and the boys are looking at me, going, ‘You’re doing 13 nights in the 3Arena’.
“And it is even me looking at them going, ‘Yeah, right’. It hits you, it hits you there in a way, to be honest with you. I got a little bit cooler then.”
Read more from Sky News:
Five new arrests in Louvre heist investigation
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Running from September 2026, Westlife 25 – The Anniversary World Tour, will kick off in Dublin for 13 shows before heading to Aberdeen, Glasgow, Newcastle, Leeds, Sheffield, London, Brighton, Bournemouth, Birmingham, Cardiff, Manchester and then Belfast for seven nights.
Gigs in Paris, Hamburg, Copenhagen, Stockholm, Amsterdam, Antwerp, Cologne and Zurich will follow.
Tickets for Westlife’s UK tour dates go on sale this Friday.
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