Comment: H/T to Rob Case. This is a bizarre and incredible case -- incredible because it's difficult to understand how it ever could have gone to trial. The case was rife with credibility problems for the accuser, but at least the judge did the right thing in dismissing it before it got to the jury. The accuser and the man she accused were in a consensual sexual relationship and then -- from out of nowhere -- the man supposedly raped her. The woman had previously accused another man of rape, a claim that was unsubstantiated. Read the story below and, if you are male, ask yourself if it doesn't alarm you a bit that this was permitted to get to trial.
Rape charge against police recruit dismissed
Police recruit Mark James Tulloch has had a rape charge against him thrown out.
Justice Ron Young dismissed the charge in the High Court at Wellington this morning, saying he felt a properly-directed jury could not convict Tulloch.
The dismissal came after two days of evidence.
A woman said Tulloch, 31, raped her at her Whitby home in April last year after they met via an online dating service.
He said her claim was false and they had consensual sex but that he ended the encounter before she wanted to. He left saying he could not stand the sound of her voice anymore.
AND HERE IS AN EARLIER STORY ON THIS CASE:
Woman denies false rape claim against police recruit
There have been heated exchanges at a rape trial at the High Court in Wellington, where police recruit Mark James Tulloch, 31, is accused of raping a woman he met on an internet dating site.
The complainant has denied a claim by Tulloch's lawyer that she made up the complaint to win back a former lover who is also a police officer.
She is also denying she told a friend the case would be bigger than that of Louise Nicholas and Clint Rickards.
The defence lawyer has accused her of being a dangerous woman who has made false complaints in the past. But she says the rape did happen, and she has gone through a huge amount of suffering.
Yesterday the solo-mother of three told the court of her alleged rape by a police recruit she described as a "gigolo".
The two met on website www.NZDating.co.nz, sending numerous messages to each other, first online, then via cellphone. After getting to know each other, the text messages became increasingly sexual, the woman told the court today.
The pair met face-to-face at a bar in Whitby, Porirua. They talked about previous encounters had through the site.
"He said he had met a woman who asked him to move into her flat, where he was used as a gigolo," the woman said.
"He wanted to be a toy-boy [to] a mature woman with money."
She said they had about four drinks each, his earlier lack of confidence dissolved and he began making eye contact with her.
"I asked him if he would like to come back to my house for a shag."
Tulloch and the woman drove back to her house, each in their own cars.
She sent the baby-sitter home and put her children to bed.
She then gave Tulloch oral sex in the lounge, went outside for a cigarette and talked to a neighbour with whom she was friendly. The pair then went over to her neighbour's house for more drinks .
After she drank about four more drinks and he about two, the pair returned to her place, where he allegedly hit her in the head, took her to her room and raped her.
Then he left, telling her he couldn't stand the sound of her voice.
However, she was accused of making it all up when defence counsel Mike Antunovic pointed out numerous discrepancies between the 48-page police brief of evidence and the accuser's account as told to the court.
She said the differences in her stories were due to post traumatic stress disorder and shock due to the rape.
Under questioning, she admitted to taking two Prozac per day, except when she went out drinking.
"But who isn't on antidepressants nowadays?" she asked the court.
During the alleged rape, she just wanted him out of the house her two sons and daughter were in.
"I didn't know at that time there was a peephole in her bedroom and she (her daughter) was listening to it all," she told the court.
Mr Antunovic also pointed out a previous complaint laid by the woman against another man, whose name and occupation is suppressed. That claim had not been substantiated.
She found the unnamed man on findsomeone.co.nz, of which she said "it's part of Trade Me - very nice site".
NZDating.co.nz, by comparison, was "just a shagging site", she said.
She said the man had sent her naked photographs of himself wearing only a hat, and other photographs of him masturbating.
She had sent him naked pictures of herself in an effort to attract him back, Mr Antunovic said, linking her spurned attentions to the rape allegations against Tulloch.
"You turned his life upside down. You don't care who you harm when you get angry, do you?" Mr Antunovic asked her.
The trial continues.