Rape charges dropped as accuser sought ‘retribution’ against men on dating apps

On 30 April 2021 The Daily Telegraph published the following article about a case in which MacDougall & Hydes appeared for the Accused:

Prosecutors have sensationally dropped rape charges against a man after his lawyers presented evidence that his accuser like to seek ‘retribution’ against men she met on dating apps.

Rape charges have been dropped against an accused sex offender after his lawyers presented evidence that his ­alleged victim liked to seek “retribution” against men she had met on dating apps.

In a rare move, the lawyers for the 34-year-old man were going to call evidence from one of the woman’s previous partners, who she had met on the same dating app “Zoosk”.

At the same time she was communicating with the man, the 29-year-old woman had pretended to her previous partner that she was pregnant and wanted money for an abortion — when he knew he could not father children.

On December 10, 2019 she sent her previous partner a photoshopped picture of them both in bed and six abusive text messages about how she felt he had treated her after their brief sexual relationship ended.

The text messages included: “I wish I could make you ­suffer”. Another said: “The way you treated me after. You’re f … ing heartless.”

And another read: “I just f … ing hate you. You have made my life miserable.”

The accused man’s counsel, Margaret Cunneen SC, had told the prosecution the ­defence wanted to introduce “tendency evidence” to show the woman had a “desire to seek retribution against men whom she met on dating applications and whom she considers did not treat her properly, including a desire to make them suffer”.

The man admitted he had sex with the woman but maintained it was consensual.

He had pleaded not guilty to three counts of sexual intercourse without consent and the trial was due to begin next week.

His lawyers were due to argue their case to introduce the evidence on Wednesday in the District Court when the Office of the Director of Public Prosecutions withdrew the charges. The Criminal Procedure Act protects complainants by preventing lawyers from delving into their sexual history to avoid embarrassment and unfairness as every case has to be determined on its merits so the plan to call a previous partner was unusual.

“It does a disservice to both sides and indeed to the community to run criminal trials where there is no prospect of conviction,” the man’s solicitor Lauren MacDougall said ­yesterday.

THE TEXTS

Text messages between the complainant and a previous partner which the defence said went to her state of mind as someone who had a tendency to want to seek retribution against men she met on dating apps.

December 11, 2019.

12.59am Her: “I hope you’re doing we. I wish I could make you suffer.”

14.06. Him: “You are. Who is this BTW.”

14.50. Her: “You already know. I sent you a picture of us last night. I’m (name).”

16.49. Him: “What do you want from me.”

17.14. Her: “Nothing! I just f … ing hate you. You’ve made my life miserable.”

17.15. Him: “You were starving for sex and then you got it what’s the problem. Stop acting.”

17.16. Her: “The way you treated me after! You’re f. king heartless. I’m still under treatment, I could even lose my life.”

17.17. Him: “Leave me alone. You are a trouble maker. You’ve been in Australia 2 minutes and caused all this problem for me. I wish you well and hope you get better soon but it has nothing to do with me fortunately.”

“I only did whatever you asked me to do and then tell me I have to pay you hahaha. Your nuts.”

17.19.Her: “I’m not here to create trouble and I don’t want anything from you! I just f. ing hate you and I had to tell you this that’s all!!!! I’m not asking you for money! If I wanted o steal from you I would have done it when we were meeting.”

17.21. Him: “OK I know you hate me now your job is complete. Leave me alone please.”