Another case of someone tricking someone of the same sex into having sex with them under false pretences has emerged today – only this time the defendant has been spared jail. It’s more than slightly up in the air when you consider the story though. Have a read and see what you think.

It happened up in Lincoln and revolves around a man who is now known as Kyran Lee, but was born Fiona Manson and was known as Joey G Star Crislow at the time of this incident. Joey was described as a good looking muscular young man.

He contacted a single mother – who can’t be named for legal reasons – on the internet and the two soon began communicating more regularly and having phone sex. As the relationship developed, they started to have sex, with Joey always remaining fully clothed and using a fake penis, even when he stayed over at the mother’s house.

The victim only discovered Joey’s true identity when she stumbled into him working in McDonald’s under his birth name as a woman, which sounds truly horrendous. Speaking at the trial, the victim had the following to say about the relationship:

What happened is still very much affecting my life.

I was lied to and manipulated into falling in love with someone who deceived me. That has hurt me emotionally and physically.

Finding out that Kyran Lee/Kyran Scott was a female shocked me to the core. I truly believed Kyran was a man.

Everything I know about Kyran Scott is a lie. What happened to me was wrong. Kyran manipulated me, deceived me, and lied to me and had sex with me.

I don’t think he fully understands the pain he has caused me. I don’t feel that he feels any remorse. I don’t think I will ever be able to forgive him for what he has done

I think I will find it difficult to ever be intimate with a man again following the attack.

If I had known the defendant was female and known her true identity, I would certainly never have consented at all.

Images VIA

Despite Lee admitting to assault by penetration, the judge presiding over the case Michael Heath called the case ‘unusual’ as the victim admitted to consenting to the action as she thought it was a legitimate penis. It was also made clear to Lee during the course of their relationship, that if they didn’t have sex then it would be over.

Heath explained his decision to give a two year jail sentence with two years suspended to Lee along with a restraining order from contacting the victim:

This is an unusual and very difficult case. She [the victim] only had any intimacy with him because she believed he was a man.

Understandably she says she has been hurt, devastated and traumatised. It is clear that she has suffered and continues to suffer from immeasurable emotional harm from this sustained deceit practised upon her.

That is one side of it. The defendant has a diagnosis of transsexualism. In the psychologist’s report she says she had felt different from other children before puberty eventually coming to the conclusion that she was a male trapped in a female body.

That must have been enormously difficult for the defendant growing up in that way.

She states the act of penetration only occurred on one occasion and states the relationship would have been over had she not performed sexually. She said that the act of sexual intimacy was not motivated by an attempt to gain sexual pleasure but to avoid rejection, humiliation and a relationship breakdown.

I accept this is not a case where this defendant entered into subterfuge so that she could gain sexual satisfaction and gratification from sexual activity with a woman.

I’m satisfied that the whole motivation, highly selfish as it was, dreadfully deceitful though it was, was to have a relationship, not a physical one, with a woman as a man.

That is quite clear. It was not a ruse to practise lesbian behaviour. This is a very different case. I fully understand how devastated the complainant feels. I also understand how difficult life has been for Kyran Lee.

If I had thought for one moment that this was a case where his motivation was to get into bed with a woman to sexually satisfy himself I would have no hesitation in imposing an immediate custodial sentence but it is not that situation.

Hmm. I don’t really know what to say about that. On the one hand, Kyran Lee has acted very selfishly and deceitfully as a human being, no matter what his gender (and the judge’s use of she was quite confusing there, right?), but if the case was about ‘unlawful’ assault by penetration then I suppose technically it seems like he isn’t ‘guilty’ of it, although it’s a very grey area.

I’m not sure if the fact that the fact that Lee assaulted her with without looking to achieve sexual pleasure should be an overriding factor though – I mean whatever his reasons were that doesn’t really change how fucked up the victim is going to be by all of this though, and that’s not even considering the fact that he’s transgender, it’s just the assault part.

It’s basically a massive mess and you could probably make convincing arguments for either side, as it seems the defence did and I’m not sure I 100% agree with. I’m glad I wasn’t on the jury for this one, although it is a stark contrast to a similar case a month or so ago where the woman pretty much pretended to be a man to rape her mate with a prosthetic. Messed up.