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Yet ANOTHER rape case disgrace: Man, 26, has his conviction quashed after spending two years in jail after bombshell Facebook messages missed by police prove his innocence

furchfur

December 30, 2017
505 upvotes
/r/MensRights
http://www.dailymail.co.uk/news/article-5223567/Man-rape-conviction-quashed-police-blunder.html
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Post Information
Title Yet ANOTHER rape case disgrace: Man, 26, has his conviction quashed after spending two years in jail after bombshell Facebook messages missed by police prove his innocence
Author

furchfur

Upvotes 505
Comments 39
Date December 30, 2017 10:47 PM UTC
(8 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/7n4o02/yet_another_rape_case_disgrace_man_26_has_his/
Archive Link https://theredarchive.com/r/MensRights/yet-another-rape-case-disgrace-man-26-has-his.1173302
https://theredarchive.com/post/1173302
Top posts by furchfur

UK: Innocent student wrongly accused of rape calls for anonymity for sex assault defendants until they are found guilty.

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16yo female 'prodigy' developer's app was actually written by a male programmer.

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Mother-of-two, 40, falsely branded a neighbour a sex offender because he 'made too much noise building a guinea pig hutch in his garden'. It seems for many women if they do not get their way they make a false sex allegation knowing a man is not protected by the law.

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Female British YouTube vlogger accuses Dublin hotel of bullying her after it refused her request to stay there for free and posted their scathing response saying she 'lacked dignity' online

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Nearly 500 men and boys are freed from 'house of torture' Islamic boarding school where they were chained up, raped by staff and starved 'in the name of teaching them the Koran' in Nigeria. OP: We will see how much media coverage this gets.

3825 upvotes
September 27, 2019
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Teenager, 18, who lied that ex-boyfriend drugged and raped her after he refused to rekindle their romance is convicted of wasting police time

3747 upvotes
May 29, 2018
/r/MensRights

Comments

[–]Ted8367 96 points97 points98 points 8 years ago (4 children) | Copy Link

The jury was given a misleading impression of a message reading ‘sorry’, which was construed as being about the alleged rape. In fact, it was a response to the woman asking him why he was ignoring her. Also omitted from the version presented to the jury was her response: ‘Dnt [sic] be.’

The evidence has been selectively edited.

Another message suggested Mr Kay had lied about his age during their first Facebook conversation. He asks the girl how old she is, to which she replies: ‘Nearly 17.’ He then asks if she’s single and she replies ‘yep’.He says: ‘Same here.’ Yet in the messages shown to the jury, it appears his reply ‘Same here’ is a response to her revealing her age.

Those responsible for the "showing to the jury" should be fired.

[–]mikesteane 60 points61 points62 points 8 years ago (2 children) | Copy Link

Those responsible for the "showing to the jury" should be fired.

Prosecuted for perverting the course of justice.

[–]FlagrantWrongsDotCom 4 points5 points6 points 8 years ago (0 children) | Copy Link

Though it wasnt a rape case this sounds pretty similar to a case involving former assistant vice undersecretary of defense john rogers daughter in the UK. Decided to ignore literally thousands of messages, information that the police already had direct knowledge of, other communications, apparently edited text messages to not display heart emoticons and other things. The prosecutors have even admitted on the record that they are violating rights (they arent even the only ones who have admitted that) while continuing to bring charges in egregious violation of peoples rights as well as the readily apparent facts of the case. Theres a series of admitted human and other rights violations that are egregious as well as a systematic international terrorist criminal conspiracy against human rights. Even a chief of police has confessed on the record to falsification/destruction/tampering of numerous records that were legally protected undermining federal and international records systems as well as endangering service members including law enforcement personnel. There is only 1 prosecution thats just beginning after multiple years. All of this after a few million of contracts went unpaid thats cost the us and others billions of dollars per week literally as well as a lot of lives. Based upon standard civil tort that amount results in damages that stand to be more than $20 bil just factoring lost proceeds from 1 project. I (and probably a lot of others) would really appreciate it if you help raise awareness and contact your US, UK or other representatives to demand justice. This has been considerably under publicized because John Rogers has media contacts and does PR work. He has apparently made it his pet project to target and terrorize this individual as well as try to black list him for employment. Hes threatened to kill a lot of people at this point. It cant be stressed enough how important it is that threats are mitigated.

[–]Mynameischad01 1 point2 points3 points 8 years ago (0 children) | Copy Link

Can't for the life of me understand why it was admissible in the first place. Blatant misleading should (I believe) fall at the feet of the judge.

[–]Mens-Advocate 34 points35 points36 points 8 years ago (0 children) | Copy Link

Those responsible for the "showing to the jury" should be fired.

No, they should be prosecuted (and jailed) for obstruction of justice and false imprisonment, among other charges.

[–]Tedesche 49 points50 points51 points 8 years ago (0 children) | Copy Link

This is what happens when your government orders its police and courts to implement sexist policies in the pursuit of “justice.”

[–]sonofsuperman1983 43 points44 points45 points 8 years ago (4 children) | Copy Link

Why hasn’t her face been plaster all over the internet. Will she go away for the same number of years he would have. Will she get put on a sex offender register so police, potential boyfriend and parents can ensure they can protect themselves and their children from her cancerous soul.

[–]SiTeorbzey 10 points11 points12 points 8 years ago (3 children) | Copy Link

Because da victims anonymity

[–]MikeyMike01 25 points26 points27 points 8 years ago (2 children) | Copy Link

This is why accusers need to be referenced as accusers and not victims.

[–]Vance87 6 points7 points8 points 8 years ago (0 children) | Copy Link

Preach.

[–]SiTeorbzey -2 points-1 points0 points 8 years ago (0 children) | Copy Link

Or complaininting

[–]ThrowawayGhostGuy1 22 points23 points24 points 8 years ago (10 children) | Copy Link

Where the hell was his lawyer reviewing these messages?!

[–]MRARedPill 11 points12 points13 points 8 years ago (8 children) | Copy Link

That's what I always wonder. The attorneys I work with would NEVER let shit like this go. Seriously, even the public defenders (who, in my experience try harder, to build a good reputation/practice) would catch shit like this in a heartbeat. It makes zero sense and makes me question the entire situation. Like was the defense in on the scheme? Did the suspect never once voice his input about the messages during trial? I can't understand how this would happen. It doesn't match any experience I have ever had in court, or ever even heard about, second hand.

[–]timdesuyo 11 points12 points13 points 8 years ago (3 children) | Copy Link

Defense lawyers didn't let it go. If they had, he'd be in jail. http://www.independent.co.uk/news/uk/crime/rape-conviction-overturn-evidence-disclosure-facebook-messages-danny-kay-failure-met-police-a8124241.html

[–]MRARedPill 9 points10 points11 points 8 years ago (2 children) | Copy Link

They should have done that at the pre-trial evidence disclosure phase. So his original defense attorney 100% dropped the ball. It's great that they finally got the job done, but it shouldn't have even needed to get to the appeals process, if they original attorney was competent.

[–]timdesuyo 5 points6 points7 points 8 years ago (1 child) | Copy Link

I think I agree with you, but the way that it was presented in the article laid the blame on the police and prosecution for delaying disclosure.

[–]MRARedPill 3 points4 points5 points 8 years ago (0 children) | Copy Link

Yeah, we are pretty much on the same page. I just don't want to let the defesne get away with not getting some blame too. I think a lot of dudes are doing time over lazy defense attorneys that get paid the same regardless of the outcome out of the trials they work.

[–]pteawesome 0 points1 point2 points 8 years ago (3 children) | Copy Link

Only works if defense is made aware police seize everything and are supposed to honestly provide defense true and accurate copies.

[–]MRARedPill 0 points1 point2 points 8 years ago (2 children) | Copy Link

The police turned over what evidence they had. The article doesn't indicate the police or prosecution withheld anything. The victim just gave edited records, and the police didn't conduct an additiinal search for the defense. Which is the defenses legal duty. At the least in the U.S. It's written into law that the defense has to provide a defense. It's not in law that the prosecution has to provide a defense. And the defense was 100% aware of the messages being used in court, or else they wouldn't be eligible as evidentiary exhibits. This article is just a fuck you to the governement (which is my stance, but not because of this story), but it's clear as day that the defense failed in their duties. Why didn't the defense attorney log into the account if his client told him the messages are accurate and they were still on record?

[–]pteawesome 0 points1 point2 points 8 years ago* (1 child) | Copy Link

In the UK since its a UK article.. the prosecution's job is to present evidence accurately and honestly. The difference is crucial and is largely responsible for why people consider America a police state. The police and prosecution would have a duty to verify the messages and not allow cherry picked evidence admitted.

[–]MRARedPill 0 points1 point2 points 8 years ago (0 children) | Copy Link

If they believed to be provided accurate evidence, then the threshold seems satisfied. Police provide lying victim statments every day, but they are only responsible for not presenting something they know to be a lie. All that happened is that they believed the accuser. Plain and simple. Once the system stops believing accusers automatically, and believing the defendants, things will go much smoother for us. There was a refreshing article on here last week about a police chief instructing her cops to stop automatically believing the accusers. That's a great step in the right direction.

And whoever told you we live in a police state in the U.S. lied to you. Our cops are powerless pussies. Especially in California. People are just terrible criminals here, making my job defending them a lot harder. Everyone just thinks they aren't gonna get caught for the dumb shit they do. In CA we just have to keep lowering sentences to compensate for increasing crime rates. Then we decriminalize stuff to reduce it's burden on the system. It's pretty funny actually. Criminals run California and cops can't do shit about it anymore. None of the departments can even find people to fill the ranks anymore. Pretty much my dream is coming true. We are winning, cops are losing. A couple more decades of this trend and it will be game over.

[–]timdesuyo 12 points13 points14 points 8 years ago* (0 children) | Copy Link

It was in another story. The messages were withheld by the police until the night eight days before, when the lawyer went through 40,000 messages to find the exculpatory texts. The prosecutor and the defense lawyer both brought them to the judge that day. Now, you can make up your own mind as to whether the prosecutor was aware of them beforehand or not, and whether or not they cam forward only because they knew the defense lawyer would find them or not. But as of the facts as they appear, both the prosecutor and the defense did the right thing, and the police are to blame. If you believe that.

"Lord Justice Simon, Mr Justice Goss and Judge Walden-Smith said defence lawyers later found the archive of 29 Facebook messages that had been “selectively” deleted by the complainant."

http://www.independent.co.uk/news/uk/crime/rape-conviction-overturn-evidence-disclosure-facebook-messages-danny-kay-failure-met-police-a8124241.html

[–]sonofsuperman1983 18 points19 points20 points 8 years ago (1 child) | Copy Link

She ain’t the victim now.

[–]ipwr85 15 points16 points17 points 8 years ago (0 children) | Copy Link

The media will still cover up her identity because of vagina privilege.

[–]BlueOrange22 11 points12 points13 points 8 years ago* (2 children) | Copy Link

Firstly, how are all these innocent people being convicted anyway just an hearsay? It's become that easy to have a man imprisoned on a lie.

it would be another three years before his conviction was overturned.

Why did it take 3 years after police had proof of his innocence? There is something going on there. There are clearly political motivations at play behind this trend.

[–]Atheist101 2 points3 points4 points 8 years ago (1 child) | Copy Link

Courts are slow. Appeals are even slower. Its a miracle his case hit the appeals level and was overturned in just 3 years.

[–]mikesteane 0 points1 point2 points 8 years ago (0 children) | Copy Link

Courts profit from being slow. In most societies it could be done in two minutes: "The evidence is clear, the accused is innocent and can go free." That's all it needs. But the system which has evolved works to make things a s complicated as possible so that the parasites can charge the maximum fees.

[–]GingerPeanutButter10 points 8 years ago [recovered] (3 children) | Copy Link

At the end of the article the man's lawyer blames the under-resourced criminal justice system. While probably true, that's not where the blame should fall. We're not talking about extensive man hours and tests that could have been done to uncover the truth. All it would have taken is for the police officer to collect evidence holistically about the incident instead of collecting evidence to prove he's guilty.

[–]MRARedPill 5 points6 points7 points 8 years ago (2 children) | Copy Link

On that same note, why the fuck didn't the attorney subpoena the message records instead of relying on the prosecution to do it? Sounds like the attorney wasn't doing his legal duty to protect the client either. Almost looks like collusion to me...

[–]timdesuyo 7 points8 points9 points 8 years ago (1 child) | Copy Link

He did. They dragged their heels.

http://www.independent.co.uk/news/uk/crime/rape-conviction-overturn-evidence-disclosure-facebook-messages-danny-kay-failure-met-police-a8124241.html

[–]MRARedPill 5 points6 points7 points 8 years ago (0 children) | Copy Link

4 years is beyond heel dragging though. It's pure incompetence. I don't mean to bash defense attorneys as a whole. Just the original one for not doing a record request day-one after learning about the messages being presented as evidence. Then again, records requests may be different outside of the U.S. but we usually get them within 30 days. Depending on how uptight the legal compliance employees are being...

[–]Grubnar 18 points19 points20 points 8 years ago (1 child) | Copy Link

The Appeal Court heard earlier this month that police relied on an ‘edited and misleading’ account of the Facebook conversation that was given to them by the complainant in the weeks after she claimed she was raped by Mr Kay.

The police did not even fucking check to see if it was correct??

[–]MRARedPill 9 points10 points11 points 8 years ago (0 children) | Copy Link

That's the problem with how our police investigate crimes. For them to question the validity of the "victim's" messges would be to call her a liar and would be seen as a violation of the "listen and believe" bullshit being shoved down everyone's throats. The cop would probably get suspended and reassigned for going through a search warrant process, and delaying the trial, to attempt to disprove anything the "victim" claimed. That's why we need to focus our efforts on police training and policy directives issued by their management. Until that is addressed, and corrected, all we will get is more listen and believe bullshit as standard police procedure.

[–]KDulius 16 points17 points18 points 8 years ago (0 children) | Copy Link

"Missed"

[–]trangle42 4 points5 points6 points 8 years ago (0 children) | Copy Link

While he waited for his appeal, Mr Kay remained locked up with sex offenders. He was also made to see a psychiatrist because he was judged to be ‘in denial’ because of his protestations of innocence.

Convicted without evidence, subjected to brainwashing for maintaining innocence. Kafkaesque in the extreme.

Mr Kay’s case has prompted calls for a national review of all rape investigations

But not for convictions. Strange that.

This is an important victory for justice. This is the tip of an iceberg of failings brought about by chronic and long-term under-resourcing of the criminal justice system.

Yeah nothing to do with allowing people to be tried and convicted without evidence.

And surely she will be charged with making a false accusation now?

[–]SiTeorbzey 3 points4 points5 points 8 years ago (0 children) | Copy Link

Ah I guess it's true when they say 'when it rains, it pours"

[–]autotldr 1 point2 points3 points 8 years ago (1 child) | Copy Link

This is the best tl;dr I could make, original reduced by 89%. (I'm a bot)


A man who spent more than two years in jail for a rape he did not commit had his conviction quashed after a relative took only a minute to uncover a series of bombshell Facebook messages - missed by police - that proved his innocence.

The Appeal Court heard earlier this month that police relied on an 'edited and misleading' account of the Facebook conversation that was given to them by the complainant in the weeks after she claimed she was raped by Mr Kay.Earlier his month, The Mail on Sunday reported that a rape case against student Liam Allan collapsed after it was revealed that police had withheld vital phone messages from his accuser.

Mr Kay's case has prompted calls for a national review of all rape investigations and comes after two trials in London collapsed when it emerged that police had failed to disclose crucial evidence that pointed to the defendants' innocence.


Extended Summary | FAQ | Feedback | Top keywords: Kay#1 message#2 police#3 Facebook#4 accuser#5

[–]SkyWorthy1 point 8 years ago [recovered] | Copy Link

Good bot

[–]sonofsuperman1983 0 points1 point2 points 8 years ago (0 children) | Copy Link

Pussy pass

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