Danny Kay, 26, will greet the New Year as a free man after being convicted of a rape that was based on altered evidence submitted by the alleged victim. His freedom is due not to police work but the work of his sister in law Sarah Maddison. Maddison decided to take a minute and look at the Facebook messages sent between Kay and the unnamed woman who accused him of rape. What she found was that the police used messages that were misleadingly edited by the woman and that the real messages directly contradicted her claims. The police revealed an utter incompetence in the investigation and the prosecutors have expressed no intent in looking at possible charges against the woman who is accused of changing the meaning of the messages from exculpatory to incriminating. This follows an equally shocking reversal where the police were found to have withheld 40,000 messages from the defense in another rape case.
Archived versions of the original messages found by Maddison showed not only a consensual relationship but a desire to continue the relationship.
The messages showed that the evidence had been altered in clearly misleading ways. For example, The jury were shown a message where Kay appears to apologize for the rape. The response “sorry” in the message however was actually in response to the woman asking him why he was ignoring her. The question was deleted. Also deleted was her response: “Dnt [sic] be.” Likewise, one early message involved Kay asking the woman for her age. She responded “nearly 17” and showed police that he responded “same here.” That was untrue. He actually response with question if she was single and she replies “yep.” That is what he responded to in saying “same here.”
She also deleted messages where he wrote her to say that he lost her number (after the alleged rape). She then send him her number with four kisses and also sends a message ‘im still here for ya!’ When the couple later split up, she sent a message “I thought u woulda at least tried to get me back.”
The court reviewed the evidence and quashed the conviction. Kay however had already spent two years in jail.
There is no indication that the woman will face any charges for submitting what appears to be altered evidence and a false claim of rape. She remains unidentified as a sexual assault victim.