Came Across This...
...while doing some research.
Bizarre Case of Consent
By Paul Lampathakis, SUNDAY TRIBUNE
September 10, 2006
A man has been acquitted of raping a woman - because she had at least 14 personalities.
In a bizarre case, a jury was told that the 40-year-old man was accused of sexually assaulting the woman 11 times in her home in 2004 while some of her alter egos looked on and at times intervened.
During the District Court trial that finished last Tuesday, the court was told three of the 33-year-old woman's personalities were present at one of the alleged incidents.
The complainant said two identities had been at other incidents.
Top WA criminal lawyer Judith Fordham, who watched the case, said it was the strangest she had seen.
"Although there have been many cases in our courts where the accused has a mental illness, and some where victims or alleged victims suffer from mental illness, in 20 years as a lawyer I have never seen anything quite like this," she said.
The man, who suffers from anxiety and depression, helped the complainant, who has multiple personality disorder and epilepsy, move into a flat in 2004.
But she claimed that he then sexually assaulted her during three subsequent days.
In video testimony played at the trial, the woman, referring to herself as "us", acknowledged that she had at least 14 personalities and described how one had intervened during one of the alleged incidents.
"(She) came out and was screaming at him (the accused) and said, 'You'd better not get us pregnant'," she said.
The woman said that she and that personality were "co-conscious" with another personality - that of a six-year-old - at another alleged assault.
Answering questions on video from defence lawyer Gary Massey, the woman described the presence of one of her alter egos.
"I can either hear her talking, or I know she's there," she said.
"It's like she's looking out of my eyes as well, which doesn't make much sense, but it makes perfect sense in my head."
She admitted that at times she forgot that she did things because other personalities had done them, such as spending $3000 on her credit card.
But she denied that any of her identities would engage in sex.
The accused said on a police interview video that he had consensual sex with the woman on only one night during the three days and denied that other acts took place.
He said she had a flashback related to her post traumatic stress disorder during the allegedly consensual act.
But the woman told the court that the man assaulted her on all three days, telling her to commit acts that she did not want to do.
She said during that period she had cried, pleaded with him and had had seizures that "froze" her body.
Psychiatrist Dulcie Veltman told the court that while treating the woman she met eight personalities.
Dr Veltman said the woman, who she believed was sexually abused in a religious cult while young, could be prone to confusion about events after having seizures.
Psychologist Gail Buesnel told the court that she got text messages from the complainant saying she had been raped and was entrapped, including a message from one of the personalities.
Dr Buesnel said she spoke to at least five of the woman's personalities about the incidents.
On Tuesday, the jury found the man not guilty on all 11 charges.
Outside the court he said: "To this day, I believe I was having a relationship with the real (woman) and what happened is that she forgot about the whole week that we were together.
"But I can't discount that maybe I got consent from one of her other personalities. After what's come out of the trial, anything's possible."
Bizarre Case of Consent
By Paul Lampathakis, SUNDAY TRIBUNE
September 10, 2006
A man has been acquitted of raping a woman - because she had at least 14 personalities.
In a bizarre case, a jury was told that the 40-year-old man was accused of sexually assaulting the woman 11 times in her home in 2004 while some of her alter egos looked on and at times intervened.
During the District Court trial that finished last Tuesday, the court was told three of the 33-year-old woman's personalities were present at one of the alleged incidents.
The complainant said two identities had been at other incidents.
Top WA criminal lawyer Judith Fordham, who watched the case, said it was the strangest she had seen.
"Although there have been many cases in our courts where the accused has a mental illness, and some where victims or alleged victims suffer from mental illness, in 20 years as a lawyer I have never seen anything quite like this," she said.
The man, who suffers from anxiety and depression, helped the complainant, who has multiple personality disorder and epilepsy, move into a flat in 2004.
But she claimed that he then sexually assaulted her during three subsequent days.
In video testimony played at the trial, the woman, referring to herself as "us", acknowledged that she had at least 14 personalities and described how one had intervened during one of the alleged incidents.
"(She) came out and was screaming at him (the accused) and said, 'You'd better not get us pregnant'," she said.
The woman said that she and that personality were "co-conscious" with another personality - that of a six-year-old - at another alleged assault.
Answering questions on video from defence lawyer Gary Massey, the woman described the presence of one of her alter egos.
"I can either hear her talking, or I know she's there," she said.
"It's like she's looking out of my eyes as well, which doesn't make much sense, but it makes perfect sense in my head."
She admitted that at times she forgot that she did things because other personalities had done them, such as spending $3000 on her credit card.
But she denied that any of her identities would engage in sex.
The accused said on a police interview video that he had consensual sex with the woman on only one night during the three days and denied that other acts took place.
He said she had a flashback related to her post traumatic stress disorder during the allegedly consensual act.
But the woman told the court that the man assaulted her on all three days, telling her to commit acts that she did not want to do.
She said during that period she had cried, pleaded with him and had had seizures that "froze" her body.
Psychiatrist Dulcie Veltman told the court that while treating the woman she met eight personalities.
Dr Veltman said the woman, who she believed was sexually abused in a religious cult while young, could be prone to confusion about events after having seizures.
Psychologist Gail Buesnel told the court that she got text messages from the complainant saying she had been raped and was entrapped, including a message from one of the personalities.
Dr Buesnel said she spoke to at least five of the woman's personalities about the incidents.
On Tuesday, the jury found the man not guilty on all 11 charges.
Outside the court he said: "To this day, I believe I was having a relationship with the real (woman) and what happened is that she forgot about the whole week that we were together.
"But I can't discount that maybe I got consent from one of her other personalities. After what's come out of the trial, anything's possible."
posted by Chai on Life! at 1:01 PM
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