Judge frees stalker who sent sickening text message to ex-partner after 'raping' her
Judge Greg Koppenol reportedly ruled that it would not be fair to the accused if the text messages were used as evidence and presented to the jury.
An Australian judge allowed a stalker accused of "raping" his ex-partner to walk free from court, according to reports. The accused was allowed to go free despite a series of apologetic text messages which he sent to the victim admitting he had raped her.
Judge Greg Koppenol Queensland District Court reportedly ruled that it would not be fair to the accused if the text messages were used as evidence and presented to the jury, according to The Gold Coast Bulletin. The man, who has not been identified, was reportedly accused of sexually assaulting his former partner while their child slept in the other room.
The accused, however, was acquitted of two separate counts of rape last week as the jury did not get access to text messages. The ruling left the victim devastated and sparked outrage across the community.
Judge Greg Koppenol disallowed text messages from a rapist to his victim admitting guilt from being seen by the jury as it would be ‘unfair’. What exactly is classified as evidence these days? #Australia #Queensland #auspol pic.twitter.com/go9wC8qm9s— Nyobie (@beautyreview_nw) October 22, 2018
Reports state that the accused had set a string of messages after the incident, where he referred to being forceful with her. One of the messages allegedly read: "I can't keep having my desires for you and being forceful like I have. The guilt kills me. I'm sorry I forced you to have sex with me."
The victim said that she felt vilified by the entire process and chose to speak about her story publicly after the ruling in an attempt to enact legal change, according to reports.
The accused rapist, during the trial, reportedly pleaded guilty to stalking the mother and sent her nearly 2000 obsessive text messages.
The judge, however, ruled that it was not required for the jury to see the confronting text messages as they were too prejudicial.
"I was only allowed to talk about the two specific rape events, no context. You have to swear on the bible to tell the truth but I wasn't allowed to tell the whole truth," the mother reportedly said.
The court reportedly also questioned the mental health of the accused at the time he sent the messages and his lawyer said that the messages were sent when the accused was agitated.