The day before the rape trial began, the complainant’s deception came to light: she had rehearsed a script for a phone call to manipulate AA* into making admissions to a rape that didn’t happen. In the interest of public debate on the subject of false rape claims, we publish in full BRENDEN HILL’s exclusive report in the Sunday Telegraph (11/2/2024) and ask what consequences follow for women making false claims of rape?
Rape charges against a Cranbrook old boy were dropped after he was tricked into giving his accuser a fake apology, which prosecutors then claimed was a confession. AA was charged after police secretly recorded a phone conversation he had with the woman, who accused him of raping, choking, and scratching her until she bled, during a tryst at her mother’s home in a wealthy part of Sydney in May 2021.
But prosecuting lawyers sensationally withdrew the charges on the day the man’s trial was scheduled to begin in the District Court. This came after Judge James Bennett SC ruled the bombshell phone call would be excluded as evidence because the woman manipulated AA into making a confession he did not believe was true.
The court heard the woman had also developed and rehearsed a script with another male friend, which she then used on the phone call made at Bondi Police Station on November 30, 2021. This came despite detectives warning the woman that what she said on the secretly recorded call could not be influenced by anyone else – even police.
During the call, AA repeatedly denied raping the woman and said he had not heard her ask him to stop, the Sydney District Court heard. But Judge Bennett told the court the woman ignored the denials and “used manipulative techniques to place undue pressure on (AA) to say something he didn’t believe.” The judge ruled that the woman held out “false assurances” to AA if he apologised and accepted her version of events that they could then “move on and resolve the issue without any consequences”.
Later in the call, the woman pressed the issue, became highly emotional, and said: “Can you just acknowledge that what you did was wrong?” AA replied: “Yes. It was wrong and I’m sorry”. Shortly after, the woman said: “Can you just say what you did to me? I just want to hear you say it. Please.” AA responded: “I’m sorry for keeping on going when you said stop.”
The court heard AA then called his current girlfriend, which was also recorded by police. In the call, AA said he went along with the woman’s requests in an attempt to ease her increasingly emotional state. “Like – any sane person would realise the only reason I’m apologising is to make her feel better,” AA said.
Judge Bennett told the court that AA gave the response to “assuage the complainant’s emotional state” and that he did not believe what he was saying.
Prior to making the call, the court heard the woman and a male friend developed and rehearsed a script. The friend said he would lie to Ginfluenced by any third parties. The friend was called to give evidence and Judge Bennett wrote in his judgment that he was “an unimpressive and evasive witness” who “tampered with evidence”.
Prosecutors did not include any of these details in the case outline and they emerged through cross-examination just before AA’s trial was set to begin. AA had been due to stand trial on one count of sexual intercourse without consent and two more of strangling the woman. But on October 23, Judge Bennett ruled the call between AA and the woman would be excluded as evidence. The trial was scheduled to start the next day.
But the Crown Prosecutor announced in court that the case was being discontinued.
COMMENT:
There was no announcement as to what if any charges have been/would be laid against the fake rape claimant – or her accomplice. Unless serious legal consequences follow, unscrupulous women will continue to try and abuse the legal system to damage men unjustly. Should they be charged with ‘pervert the course of justice’? And if it goes to court and they give evidence, ‘perjury’?
– Andrew L. Urban
*Name withheld under court suppression order
Good on you Andrew, for taking this on. This is an ongoing issue. To enable total separation from my son’s 11yo, his former partner took out a Family Violence order with absolutely NO EVIDENCE! But she was able to walk into a Police station, make outlandish false accusations to a policeman , which resulted in 2 cops on his doorstep and days of missed work and $13000 to defend it. He lost—in court the mother claimed ( now proven false) that the child had ‘suicidal ideations’ ( first time my son had heard this about his child, he had to excuse himself from court and go outside to vomit he was so shocked—he hadn’t even been told!) if forced to spend time with his father. What could the magistrate do? Play safe. What was her real reason? My son had applied to the FCA for Parenting Orders. The fallout has resulted in hours of anguish for all the family, but especially my son, who didn’t see or speak to his beloved son 11yo for over a year. He lost his job for not being focussed and taking so much time to defend himself in the FCA, which drags on and on! At times I feared for HIS life! I have become an active volunteer supporter of organisations for men in this situation, trying to defend themselves against false accusations. And the icing on the cake? She took one out against ME as payback for supporting my son! I’m allegedly ‘a risk’ to her and my darling grandson’. Hah! What a joke the legal system has become! I don’t want to take up more space here, but anyone needing support or advice can email me on robinbowles@bigpond.com.
As I’ve said many times, Beware The System…
No reason to believe that Tasmania has a strangle hold on the abuse of power. Some very nasty people have achieved high office .
I had a similar case where a client had 2 ex girlfriends decide it would be fun to have him charged with SA. The brief was woeful, there was a miscarriage of justice initially with one case where a magistrate made a guilty finding against him. The judgement on appeal was scathing of the magistrate and the second matter had to go through jury trial before he was acquitted in entirety… there’s no recourse for these false accusers and I practice family law as well as criminal, men do make false allegations but it’s likely to be that his ex is a drug user when she isn’t or exposes the children to potential abusers falsely… I rarely come across a male accuser who falsely reports against a female such abhorrent allegations…. Rape and SA have to be just about the worst false allegations imaginable. It’s such a blight on our society in context where record numbers of women were also murdered last year from IPV homicides, these false accuser females are hurting their own gender…. Rant over
It is heartening to have a Lawyer express so passionately about SA and false allegations. Athankyou.
If the fake rape claimant knows her evidence is false, as is obviously the situation in the case of AA’s accuser above, then certainly she should be charged with perverting the course of justice. No doubt that man and his family went through extreme trauma for however long it took from the time he apologised to the woman until his trial was about to begin. And no doubt he still suffers. No doubt his legal bills were quite high. If and when a fake accuser is convicted, she should also have to pay all the man’s legal costs. Absolutely there has to be some deterrent to false accusations of rape.
I realise that people will say that such a deterrent will also deter genuine rape victims from coming forward. And this may well be true. And that is sad and I can only encourage genuine victims that they have little to fear if they are not lying.
But at the moment, innocent men are being convicted just on the accusation of the woman because the rate of false allegations is supposed to be so low that it is relatively negligible. Unfortunately it is not nearly as low as the public has been led to believe and in fact, from multiple studies on the subject, it is probably in the 30% – 40% range and perhaps if the Chair of the Royal Commission into Institutional Responses to Child Sexual ABuse, Justice Peter McClellan, had been aware of such a high probable figure for false allegations, he may have been less willing to make comments that indicated that he and other members of the Royal Commission “believed” the women making the allegations. He may also have been less willing to tell Prosecutors that not enough convictions for sexual abuse were being obtained!
Perhaps Premiers and Prime Ministers would have been less willing to offer unconditional apologies for allegations that had not even seen the inside of a court.
Unfortunately the #MeToo movement and Inquiries such as the abovementioned Royal Commission have gravely injured many innocent men who now rot in prisons, as well as helping many rape victims.
Mary very well said. Legal Aid is terrible for those without funds. If you can actually speak to your lawyer before trial it is cause for celebration. Without money a plea deal is all you have. Without skills in Law a defendant (accused) is left to just sit and listen while their lives are torn apart.
Mr Urban is amazing for taking up the fight for those with complex cases who gave been let down by the system
Everything you expressed is sadly true and the result is that the presumption of innocence has been eroded. Lives are shattered, futures destroyed and high male suicide rates are the end result. There are no consequences for witnesses who lie. The judge either corrales their testimony to remove pieces or dismisses their testimony after it has been heard. Unfortunately, once heard it it cannot be unheard no matter what judiciary directs.
Just watched a movie based on a true story Brian Banks (Netflix’s) 16yrs old,
accused of rape, tricked into a plea deal, 6yrs in prison.
https://m.youtube.com/watch?v=06acheRIr4E
Makes your blood boil, the judges etc covering up the rotten system.
The heroes like the Innocence Project and courageous supporters is inspiring.
The Innocence Project is inundated. That says a lot about the state of the legal system.
In a similar but far less serious falce allegation of domestic assault, the case commenced before a Magistrate at North Sydney local court. The packed Courtroom heard the prosecutor outline in quite some detail the conduct it the defendant that he prove. Then, the female “victim” approached the prosecutor and their exchange was inaudible. The prosecutor then just blandly announced to the Magistrate that the complaint was withdrawn. The defendant then, representing himself, rose and requested that Her Honor hear him record onto transcript his formal denial of the allegation and a statement of the event falsely complained of. Her Honor refused him to speak and told him that he should just retire
from the Courtroom .He knew that from that time anyone seeking a copy of that Court’s record of the proceeding would only ever see the conduct falsely stated a
allegations. He put this to Her Honor but she again refused and even remarked that he was getting some indulgence that the matter was withdrawn. No consequences for the malicious, false, complaint; not even a even a word from Her Honor as to why this defended matter did not proceed, or why the complaint was made.
I saw this mockery of the system and the failure to invoke actions for “attempting to pervert the course of justice” many times.
I for one INSIST that anyone of any sex whi can be proven to have made FALSE ALLEGATIONS OF SEX or DOMESTIC CRIME, be mandatorily imprisoned for 20 years and that THE STATE pays to the VFA(Victim of False Allegations) double the “Compensation” the Accuser would have been given had they been a genuine VICTIM of the crime. Anyone involved in prosecuting False Allegations case to face 10yrs imprisonment. That as being law pwould put on notice, citizens, Police, Child
Welfare,Lawyers&Judges and any other person also on notice of mandatory prosecution for their criminality in perverting the course of Justice.
Only those immune from prosecution can abuse their power. No person should be able enjoy any such immunity.
Could not agree more with you, John. I know of at least two cases in South Australia where the accusers got away unpunished. Tom Easling is one such case, a foster parent, who was accused, but thankfully aquitted on all charges. Defending the case cost his brother, who had the means to pay, 1 1/2 million Dollars. Where is the justice?
Another case had the worst outcome possible – 25 years jail. And the Government made a law, especially for his case, to not release the prisoner at all, until he plead guilty! What if he is innocent, which I believe he is?
You shoulld not be surprised with the situation in South Australia. Just look at what their present Chief Justice Kourakis did when he was the Solicitor General: concealing evidence that left an innocent man rotting in gaol for 10 more years. Yet he holds that high judicial office and is not called to account. The present Attorney General even went so far as to record in correspondence that he had no intention to look into the matter because it was some years ago. Strange to understand that position from a man of indigineous heritage where injustices against his forebears were rampant.