Detective who led Grace Millane murder investigation says ‘rough sex’ should not be considered a defence

Detective Inspector Scott Beard addresses media outside the High Court in Auckland after Grace Millane's killer was sentenced to life in jail
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The detective who led the investigation into British backpacker Grace Millane’s killing has said he believes “rough sex” should not be considered a defence to murder.

Detective Inspector Scott Beard spoke out after Miss Millane’s killer Jesse Kempson was handed a life sentence on Friday for strangling the young woman to death in December 2018.

Miss Millane’s parents were present throughout Kempson's three-week trial and had to listen as her sex life in the spotlight as part of Kempson's defence.

Speaking on the steps of Auckland High Court after the killer was sentenced, Detective Beard said "rough sex" should not be used as a defence in court.

British backpacker Grace Millane was murdered in New Zealand
PA

"Strangling someone for five to ten minutes until they die is not rough sex," he said. "If people are going to use that type of defence, all it actually does is repetitively revictimises the victim and the victim's family.

"In this case, the Millanes have had to sit through a trial for a number of weeks and their daughter's background, rightly or wrongly, was out in the public.

"I don't believe that rough sex should be a defence. I understand why the defence would use it but the bottom line is the individual has killed someone."

The killer told a series of lies to police during the investigation, including a claim that they had gone their separate ways after the date and he had spent the rest of the night drinking in a bar.

David and Gillian Millane speaking to media outside Auckland High Court in November after their daughter's killer was found guilty
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When his initial story began to unravel, Kempson admitted killing her but insisted it was an accident that happened during “rough sex”.

He then mounted a defence at trial centred on evidence of Miss Millane’s sex life and interest in BDSM.

However, his defence was rubbished by a forensic pathologist, who said pressure must have been applied to Miss Millane’s neck for between five to 10 minutes, and he had never heard of an accidental death due to consensual sexual strangulation.

The killer was handed life in prison with a minimum non-parole period of 17 years at his sentencing at Auckland High Court on Friday morning.

Gillian Millane holds a family photograph during her televised victim impact statement from her home in the UK
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Jailing him for life with a minimum term of 17 years, Justice Simon Moore told the murderer his actions amounted to "conduct that underscores a lack of empathy and sense of self-entitlement and objectification".

Appearing in court via video link before the killer was jailed, Miss Millane's mother Gillian told how her daughter was “my friend. My very best friend.”

Addressing the 28-year-old murderer directly in an emotional statement read from the family home, she said Miss Millane “died terrified and alone in a room with you.”

She said: “The terror and pain she must have experienced at your hands, as a mother I would have done anything to change places with her. She died terrified and alone in a room with you.”

Mrs Millane added: “The tears I shed are never-ending at the thought of never having the chance to kiss my Grace goodbye.”

The parents of Grace Millane, David and Gillian Millane 
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Miss Millane, a Lincoln University graduate, was on a round-the-world trip when she was murdered.

She got in touch with Kempson through the Tinder dating app and they went for drinks in bars in Auckland on December 1.

They were caught on camera kissing and holding hands during the date, before walking back to the CityLife hotel where the man was living in a £190-a-week third-floor apartment.

Miss Millane messaged her best friend during the date, saying, “I click with him so well”. She added: “I will let you know what happens tomorrow.”

CCTV from the hotel lift showing her exiting on the third floor was the last time she was seen alive.

Miss Millane was murdered in the hotel room on the eve of her 22nd birthday. Her killer pinned her down and throttled her for at least five minutes.

He took photos of her naked body and viewed pornography on his phone, before turning his attention to covering up his crime.

The killer was caught on camera buying cleaning products, a suitcase, and renting a car. At the same time he was arranging another date.

Miss Millane’s father flew to Auckland when her disappearance was being treated as a missing person inquiry. Her body was found on December 9, 2018.

Justice Moore did not lift the suppression order banning Kempson from being identified in New Zealand when he was sentenced. There is no date as to when it will be lifted, although it does not cover media organisations outside of New Zealand such as the Evening Standard. The Standard has geo-blocked this article from New Zealand.

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