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This episode examines a sensational 2015 UK criminal trial concerning sexual deception, based on Isabella Scott's book The Bed Trick: Sex and Deception on Trial. A university student named Miss X alleged that her long-time online boyfriend, Kai Fortune, turned out to be her best friend, Gail Newland, who used a blindfold, a costume, and a dildo to trick her into believing she was having heterosexual sex over several months. Conversely, the defendant Gail argued that they were engaged in a secret, consensual lesbian relationship and that Kai was merely a shared fantasy and cover story to hide from their families.
The discussion details the divergent narratives presented in court, the forensic focus on physical evidence like a black eye mask and a dildo, and the legal complexities of proving rape by deception when consent is alleged to be obtained through fraud. Following two separate jury trials and a successful appeal due to a flawed initial summing up, Gail Newland was ultimately reconvicted by a majority verdict and sentenced to six years in prison after psychiatric evaluations added diagnoses of Asperger's syndrome and gender dysphoria.
The episode opens with a brief intro and a pet insurance sponsor message.
Phoebe Judge introduces herself and the episode’s focus on the Bed Trick trial.
Miss X recounts how she discovered she was being deceived by a blindfolded partner.
The retrial’s verdict, sentence reduction, and psychiatric findings are explained.
The nature of the sexual fraud charge and its legal implications are clarified.
The trial’s key exhibits, a dildo and blindfold, are examined by both sides.
Details of the first trial, jury deliberation, and guilty verdict are recounted.
Gail’s sentencing, appeal, and retrial outcomes are discussed.
Complainant Anonymity in UK Lawinsight
In British sexual offenses cases, complainants receive lifetime anonymity to protect their identities, creating an asymmetry in court reporting where the defendant is fully exposed.
The Genesis of the Romancestory
Miss X explains how she fell in love with a handsome student named Kai Fortune online over two years before agreeing to meet him under strict blindfold conditions.
Discovering the True Identityinsight
After five months of blindfolded meetings, Miss X felt hair, removed her blindfold, and discovered her best friend Gail instead of Kai behind the deception.
The Alternative Defense Narrativeinsight
Gail argued that they shared a consensual lesbian relationship in the closet and that Kai was merely a mutual fantasy and cover story.
Prosecuting Sexual Fraudstrategy
The legal charge of rape by deception applies when a victim consents to sex but is misled about fundamental facts, invalidating informed consent.
First Trial Guilty Verdictdata
After deliberating for about six hours and examining the dildo in the jury room, the jury found Gail guilty with a 10-2 majority verdict.
Gail's appeal succeeded because appeal judges ruled the original judge placed too much focus on intentional deception, leading to a retrial in 2017.
“She says, "It's not Kai behind the blindfold."”
“Gail is accused, um, and prosecuted for this quite rare and actually quite old offence that's known as sexual fraud or rape by deception.”
“She was having straight sex and that she was completely deceived by Gail each time.”
“Gail is diagnosed with Asperger's syndrome, which is a form of autism, and also with gender dysphoria.”
Phoebe interviews author Izabella Scott about an unusual trial in England. One woman, referred to as Miss X, accused her best friend Gayle of posing as a man and tricking her into having a sexual relationship. But Gayle said there was no deception – and that Miss X knew who she was with the whole time. Izabella Scott's book is called The Bed Trick: Sex and Deception on Trial. You can also watch this interview at youtube.com/criminalpodcast. Phoebe is going on tour this fall! Get tickets and see all of our tour dates at thisiscriminal.com/live. Say hello on Facebook, Instagram and TikTok. Sign up for our occasional newsletter. Follow the show and review us on Apple Podcasts. Sign up for Criminal Plus to get behind-the-scenes bonus episodes of Criminal, ad-free listening of all of our shows, invitations to virtual events, special merch deals, and more. We also make This is Love and Phoebe Reads a Mystery. Check out our online shop. Learn more about your ad choices. Visit podcastchoices.com/adchoices
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