be pretty tough on us. We’ll have to prove the case beyond any possible doubt.”
Kate glanced at Anya and knew she was on notice. No stuff-ups or mistakes.
“I’ll need you tomorrow, Kate, all things proceeding,” Natasha added. “Make sure everything you found on that search warrant is within the terms of reference and legal. Anything less than kosher and the case will be thrown out of court. If the Harbourns get an acquittal, we fail and they walk away, immune from further prosecution for what they did to Rachel and Sophie.”
29
After opening arguments, Anya took the stand and swore the truth oath. Natasha asked her to define her professional qualifications.
Gary Harbourn’s lawyer, Joseph Stilton, interjected, “Your Honor, we accept the witness is an expert in the field of forensic medicine.”
This was a common tactic employed when the defense didn’t want the jury to hear the full extent of an expert witness’s qualifications and experience.
Anya looked across at the jury, comprising five women and seven men, all watching her intently.
Natasha continued, “Can you please tell me how many clinical vaginal examinations you have performed?”
“Through work at sexual assault units here and in England, I’ve seen over nine hundred alleged sexual assault victims. Prior to that, I reported vaginal injuries on over eighty female homicide victims who had been sexually assaulted.”
“In your own words,” Natasha stood firmly behind the bar table, “could you please tell us what you found when you attended the homicide scene and observed Rachel Goodwin’s body?”
Anya made eye contact with the prosecutor and described what she had seen when she arrived at the Goodwin home the morning after Rachel’s murder. She observed two jurors taking notes, while a middle-aged woman winced when she described the naked young woman and the way she had been tied to the blood-soaked bed.
“I’d ask you, Doctor, to read from the post-mortem report and explain the injuries for the benefit of the jury.”
Anya read the description of tears, lacerations and large contusions, and simplified descriptions and explanations of the terms.
Natasha moved forward and pulled back a sheet from a chart.
Anya was given permission to step down and describe the extent of the external and internal injuries.
“And in your opinion were these injuries caused by consensual or nonconsensual intercourse?”
Rachel’s injuries and vaginal tears were most probably the worst she had seen. “I believe that these injuries were caused by nonconsensual sexual intercourse.”
Stilton objected. “The doctor was not present and is in no position to state whether the bruising occurred without consent. Plenty of people within the population participate in vigorous consensual sex.”
Some snickers came from the public gallery. Anya noticed Noelene Harbourn cover her mouth with one hand as if shocked. With the other, she pulled the pre-teen daughter beside her to her breast, blocking her ears from the supposed vulgarity.
It seemed ridiculous that the description of the injuries didn’t shock her enough to protect her daughter, but mention of sex did. It was obviously meant to suggest that Gary Harbourn came from a sheltered home, with an innocent and protective mother. What else but insanity would drive him to commit such a horrible crime? She was playing to the jury at every opportunity.
The judge immediately asked the jury to be excused for legal arguments.
Once they had filed out, Pascoe turned to Anya. “Doctor, I don’t believe that you can unequivocally state that these vaginal injuries could only have been caused by nonconsensual intercourse. Mr. Stilton has a point.”
Anya glanced at Natasha in disbelief. She was unsure where the judge was going with this.
Stilton interjected again. “Your honor, consent is an issue that is yet to be established in this case. And one that the deceased is not in a position to verify. The suggestion that nonconsensual intercourse took place is highly prejudicial to my client.”
“Your Honor,” Natasha said, “Rachel Goodwin did not consent to being stabbed multiple times or murdered. We accept that as fact. In terms of nonconsensual intercourse, the witness is expressing an opinion based on the severity of injuries. The defense has accepted she is an expert in this area and, as such, perfectly qualified to provide that opinion.”
“Your Honor,” Anya tried to appease his desire for semantics, “these sorts of injuries are more commonly seen in rape cases. I have never seen anyone with injuries like this sustained from consensual intercourse.”
The defense lawyer wasted no time. “Again, Your Honor, I am concerned by the issue of nonconsensual sex. This is an erroneous argument because women sustaining those types of injuries following consensual injuries would not seek out Doctor Crichton’s medical expertise.”
Anya chose her words carefully. “I liaise with casualty and emergency departments and have worked in those areas over many years. Never have I seen injuries like this, which would require urgent medical treatment for anyone participating in consensual intercourse.”
The judge scratched his broad nose. “This troubles me. A jury will be swayed by your opinion, and yet you have failed to prove beyond reasonable doubt that every one of these injuries would have occurred solely without consent.”
Natasha Ryder placed her hands on the bar table, fingers splayed. “The severity of the injuries must be evidence in itself of nonconsent. They would have caused significant pain, which would have compelled the victim to request any consensual activity to stop. In other words, this degree of pain would lead to withdrawal of consent if it had in fact been prior given.”
“That doesn’t necessarily follow,” Stilton declared. “Otherwise there would be no industry in sadomasochism.”
After a further half-hour of debate, the jurors were allowed back in.
Natasha compromised by altering her original question.
“Were the injuries you saw on the body of Rachel Goodwin consistent with nonconsensual activities?”
“Yes, the genital injuries were consistent with an absence of consent, as were the stab wounds to her torso and abdomen.”
“Could the sexual injuries have been self-inflicted, for example by attempts at self-stimulation?”
“Not with the victim’s hands tied tightly to the bed.”
Someone in the gallery scoffed and drew the ire of the judge’s good eye.
“Have you ever seen a sexual assault victim survive with the severity of injuries you described on Rachel Goodwin?”
“No, I have not.”
It was the best Natasha could do. She had planted the notion of rape strongly in the minds of the jurors. Motive was important to establish, and a sex crime provided a motive to permanently silence the victim. It also provided the opportunity to introduce previous histories of rape, if they fitted within the bounds of similar pattern evidence.
Despite the surprising challenge of the judge, who seemed to be guided by the defense, Anya hoped that Natasha had scored a major win for the prosecution.
“Pascoe may be preventing grounds for an appeal, but he’s going to make my life hell for the next few months,” she said, as they left the courtroom for the day. “Fancy a drink?”
Anya had found the testimony grueling. She hoped the rest of the trial would be smoother.
“Just one. I’ve got a lot of work to catch up on.”
They walked across the road into a cafe and sat at the bar. Court finishing at four o’clock meant plenty of seats were available inside. Natasha flicked her hair off her shoulder and removed her glasses. “A gin and tonic and…”
“Lemon, lime and bitters, thanks.”
Natasha paid with a credit card before the pair chose a table at the window, out of hearing range of other
