Summary
Written by a model from the transcript; not yet reviewed.
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.
- In the UK, complainants in sexual offenses cases are automatically granted lifetime anonymity. 2:19
- Gail Newland created an elaborate online persona named Kai Fortune beginning when she was a teenager. 15:18
- Miss X and Kai became engaged in December 2012 before they had ever met in person. 18:47
- Following a successful appeal and retrial, Gail Newland was reconvicted and her sentence was reduced to six years. 38:13
Chapters
- 0:00Podcast Intro and Sponsorship
The episode opens with a brief intro and a pet insurance sponsor message.
- 0:34Host Introduction and Episode Overview
Phoebe Judge introduces herself and the episode’s focus on the Bed Trick trial.
- 1:34The Alleged Deception and Blindfold Incident
Miss X recounts how she discovered she was being deceived by a blindfolded partner.
- 6:11Final Verdict and Sentence Reduction
The retrial’s verdict, sentence reduction, and psychiatric findings are explained.
- 12:05Legal Charges and Sexual Fraud Explained
The nature of the sexual fraud charge and its legal implications are clarified.
- 28:01Court Evidence: Dildo and Blindfold Focus
The trial’s key exhibits, a dildo and blindfold, are examined by both sides.
- 34:38Trial Proceedings and Verdicts
Details of the first trial, jury deliberation, and guilty verdict are recounted.
- 35:22Sentencing and Appeal Process
Gail’s sentencing, appeal, and retrial outcomes are discussed.
Highlights
- 2:19
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.
- 3:40
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.
- 5:22
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.
- 7:11
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.
- 21:22
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.
- 34:49
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.
- 36:24
Gail's appeal succeeded because appeal judges ruled the original judge placed too much focus on intentional deception, leading to a retrial in 2017.
Quotes
“She says, "It's not Kai behind the blindfold."”
Unnamed speaker · 5:34 “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.”
Unnamed speaker · 12:11 “She was having straight sex and that she was completely deceived by Gail each time.”
Unnamed speaker · 13:27 “Gail is diagnosed with Asperger's syndrome, which is a form of autism, and also with gender dysphoria.”
Unnamed speaker · 38:05
Sponsored segments
- Fetch Pet Insurance 0:00–0:31
- Home Chef 23:35–24:35
- Bombas 24:40–25:40
About this episode
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
Transcript
5,697 words · 3 speakers
Speaker names marked are inferred from speaking time and the show’s known hosts — they are not voice-verified.
Topics
- The Bed Trick: Sex and Deception on Trial
- New York City
- Paris
- northern England
- Monte Carlo
Page updated · transcript and summary are machine-generated