Consent Ch. 04

Chapter Four - 'The Night Of'

"I remind the parties that they can settle at any time before a verdict is reached and I recommend that you do. Do both counsellors acknowledge that," Judge Karl Brinkman made one last plea for the parties to settle and he said this in open court so that the jury understood exactly what was going on here.

Adele Edwards and John Murray arose and nodded to the judge.

"I warn the jury now that you are going to see and hear things that will shock you and offend your morals and sensibilities. But the evidence that will be presented in court is submitted to try to prove the facts of the case, it's not provided to offend you or to titillate you. You should listen to and look at the evidence in that light, does it corroborate what the party is trying to prove? Do not let your personal feelings interfere with your duty to make a fair verdict," the judge advised the jury.

"Ms Edwards, you may address the jury," and so the trial began.

Adele and Celia had dressed carefully for their appearance in court, biding the Judge's advice. Celia of course was dressed all in black including her stockings and heels but the hem of her skirt was a modest two inches above her knee. She wore a light charcoal blouse and had economised on her makeup but refused not to wear her signature blood-red lipstick.

Adele was dressed similarly but in blue pinstripes with a white silk blouse.

Melody Summers was dressed, as per instruction, in a twinset with Mary Jane low heels and her hair up in ponytail. Her appearance was deliberately contrived to make her look young and innocent.

"Counsel for the plaintiff will prove the following during the course of this trial. Those four men sitting at the defence table, Daniel Benstead, Brian Stetford, Peter Grady and Mitchell Brooks had non-consensual sex with the plaintiff Miss Melody Summers. We will prove that Mitchell Brooks lured Melody Summers to a cocktail party on the evening of May twelfth, 2018; seduced her and then bought in his three friends and let them use her as their plaything. I warn you that this case is going to be sordid, graphic and emotional. There will be claims and counter-claims but all you need to be convinced of is that Melody Summers was forced to have non-consensual sex with these men. Then find for the plaintiff thank you," Adele Edwards finished her opening remarks.

John Murray, the defence's counsellor, arose and strode over to the jury box.

"This case is simple. So simple in fact that the work has already been done for you. Daniel Benstead, Brian Stetford, Peter Grady and Mitchell Brooks were all found not guilty in criminal court. This case is simply a matter of greed and revenge. Revenge for being called a liar in court and greed because these men are affluent, and men of considerable standing within the community and with plenty to lose if they are found guilty. This case is simply a case of sour grapes and coercion. Do what your peers in the criminal court did; find my clients not guilty," John strode confidently back to his seat.

Adele knew what the defence's strategy would be. Prove that Melody Summers was a willing participant in a gangbang, not a victim of sexual assault. This strategy had worked well in criminal court where reasonable doubt had to be established to support a guilty verdict. The criterion in a civil trial was such that the weight of proof was lessened. You basically just had to convince the jury to vote one way or the other.

Also the rules of evidence were a little less strict; facts could be implied without substantial corroboration. Adele and Celia's battle plan was to meet the defence's strategy head on; call their bluff so to speak. It was dangerous, but it would take the defence of 'implied consent' off the table.

"Doctor Lee, you have been accepted as an expert witness to the satisfaction of the court I now intend to ask you direct questions," Adele began her trial.

"Doctor Lee, can a woman enjoy being sexually assaulted?" there was a small intake of indignation from the female members of the jury.

"Studies have shown that up to twenty percent of women had a physical response to their assault and that four to five percent of women reported orgasm during the attack," Dr Lee answered clearly and succinctly.

"What do you mean specifically when you mean physical response?" Adele continued, she wanted the jury to hear the specifics and undermine the defence before they got started.

"A woman might produce lubrication, she might become aroused, she might even orgasm as I've stated," Dr Lee replied.

"Men too when being sexually assaulted often display similar responses; erection, pre-ejaculate discharge and finally ejaculation, more so than women in fact," Dr Lee added.

"Thanks for the educational divergence but we will stick to women for now shall we?" Adele didn't want the jury distracted.

"But that doesn't mean the woman is complicit does it?" Adele wanted clarification.

"Liking something or experiencing pleasure is one thing; wanting or desiring is another. Genital arousal is a learned response to certain cues or stimuli and is not necessarily related to consent. In fact because fear activates the sympathetic nervous system, increasing the blood flow through the body, it is possible that it could facilitate genital arousal," the doctor said smugly.

The doctor had a conceited look on his face that Adele did not like; she did not want him to upset the jury so she asked him a yes or no question.

"So Doctor Lee, as an expert if your field, to summarise your testimony. Is it possible for a woman to become aroused and even achieve orgasm while she is being taken sexually against her will?" Adele wanted clarity.

"Yes," the doctor replied.

"No more questions," Adele relinquished the witness.

"Your witness Mr Murray," the judge said.

"Doctor. Have you heard of rape fantasy or rape roleplay?" John Murray raised his brows.

"Of course I have. Some women find that fear, even when just pretending to be scared, or being physically restrained, very sexually stimulating," the doctor replied.

"No more questions," John Murray strode confidently back to his chair.

John Murray had burst the defence's bubble with one question. Adele needed to counterattack.

She rose for her redirect.

"Doctor Lee, just to clarify. No amount of sexual arousal during the act can override the fact that someone may consciously be saying and meaning no, but that their bodies might betray them. Physical pleasure is not evidence of consent correct?" Adele hoped that she was getting her ship back on course.

"Correct," Dr Lee again gave his smug smile.

There was a short recess and it was time for Melody Summers to testify.

Two days after Adele's date with Peter Duffy she had found a plain envelope with no return address on her desk. Inside the envelope was a small note: 'Some men just can't help showing off. I'm sorry that they think this is acceptable '. Adele had a good idea who had dropped off the envelope. Who moved within the same circles as Danny Benstead, Brian Stetford, Peter Grady, and Mitchell Brooks? A certain lobbyists perhaps?

The pictures in the envelope were very contentious and inflammatory. They certainly looked like Melody Summers was being forced to have sex with the defendants but John Murray had pictures that proposed the opposite. She and Celia had thought long and hard about whether to introduce the pictures into evidence.

"Please tell the court the events that occurred on the evening of May twelfth, 2018," Adele decided to let Melody just tell her story rather than ask her a series of questions.

"I received an invitation to attend a cocktail party at the Beaumont Hotel. The invitation was anonymous, that is, it was unsigned. This is not unusual for me because of my work in marketing; I often get invited to events by the organisers as a means of free publicity," Melody began.

Then she told her story...

*****

Melody was looking around the large function room to see if there might be someone interesting to talk to. All the men appeared to be overweight, middle-aged and married. Not that being married had stopped a few of them from hitting on her. The cocktail party was a busted flush.

When she'd arrived she'd presented her invitation at the door and had expected her name to be the event organiser's list but it wasn't. Hers was a private invitation but the person who had purchased the ticket remained anonymous.

She wore her low-cut red satin sheath, split to the waist on one side, red 'fuck-me pumps' her evening makeup with red lipstick and nailpolish, gold accessories and was sans panties. The sheath required her to wear tan sheer-to-the-waist-pantyhose and a strapless bra; anything else would ruin the lines of the dress.

"Melody Summers? Really?" Mitchell Brooks bent down to read her nametag.

He made no secret of the fact that he was also looking at her breasts

"It sounds like porn actress' name," he smiled.

He was a very handsome man. A college jock, he had maintained his fitness and was slim, tall and fitted into his tuxedo perfectly.

"That's very forward of you sir," Melody smiled at him seductively.

"No. That's me being comedic; this is me being forward," Mitchell slid his hand across her buttocks and squeezed.

"I say sir; that is forward!" she pretended to be indignant but Mitchell saw the amusement in her eyes.

"Wanna get away from these old fogies and have some fun?" he pulled her close to him.

"Why the fuck not; this party is dead," Melody smiled up at him.

"Let's get the fuck out of here," Mitchell took her hand in his and led her through the crowd, grabbing a bottle of champagne and two glasses off a passing waiter.

He led her upstairs to a large reception room, checked it was empty and then pulled her inside and locked the door.

"Is this better?" Mitchell smiled at Melody.

"Much," she smiled back at him.

He poured two glasses of champagne, which they both polished off quickly.

He reached into his inside pocket and produced a small silver cigarette case, opened it and produced a spliff.

He held it up and looked at her questioningly.

"You can't smoke that here," Melody was a little shocked.

"Fuck I can't. I contributed a shitload of money for this reception, all of which I'll get back in tax credits of course, but I'm still the biggest benefactor," Mitchell lit the joint, took a deep drag and held the smoke a while before exhaling.

He passed her the spliff.

"What the fuck is this benefit even for? Equal rights for gay whales? Save the lesser-crested big-balled penguin?" he took the joint back off Melody.

Melody laughed and blew out a plume of smoke.

They finished the joint, making small talk and then Mitchell led her to a chaise lounge where they went back to drinking champagne.

When Mitchell leaned in to kiss her, all of her inhibitions had been lost.

She kissed him back, driving her tongue into his mouth. Mitchell pawed at her breasts, trying to extract them from the tight sheath.

"Honey we can have as much fun as you like but don't ruin this dress," she giggled.

Mitchell eventually freed her firm, nicely formed breasts from the gown and lapped at them, holding them so he could suck on her nipples. Pleasure radiated from her sensitive berries and she sighed and held him to her breasts.

Mitchell took her hand and directed it to his groin and she struggled to open his flies.

"Fuck this!" Mitchell stood up and quickly undressed, tossing his clothes onto the floor.

"Do you want me to undress too," melody was feeling lightheaded.

"No. I want to fuck you in that dress," Mitchell growled.

His substantial erection was standing proud.

"But first I want you to suck my cock," Mitchell pulled her up off the lounge and the roughly pushed her down on her knees.

Melody actually liked being dominated by the handsome powerful man. It turned her on.

She turned her attention to Mitchell's cock and slowly stroked it, running her nails under the bulbous head and then fondling his scrotum while she caressed his long thick shaft. She traced the veins with her fingertips.

Mitchell put his hands on her head and directed her face to his groin and she opened her mouth and took the cock between her lips. She used her tongue on it and then began to suck it in earnest. The dope and the booze had taken affect and loosened her inhibitions.

Mitchell let her fellate him until he was ready and then he lifted her to her feet and kissed her again.

"Watch the dress," she said, her words muffled by their kiss.

"What; this dress?" Mitchell pushed her back and she fell on the lounge; arms and legs akimbo.

He hiked up her dress, bunching it around her waist and then he lowered his face to her groin. She was wet already; he could see her secretions glistening in the fabric of her sheer pantyhose crotch. He lapped at the nectar and licked her cunt through the gossamer material. Then he tried to pull them down.

"I've got a spare pair in my clutch," Melody gasped and used one of her long fingernails to open the seam of her pantyhose.

Mitchell poked his tongue through the hole and lapped at her labia, then found her clitoris and worked it with his tongue.

Melody gasped and held his mouth there, rising up off the lounge to thrust her sodden cunt into his face.

When Melody was moaning with desire and twisting her fingers in his hair, he knew she was ready. Mitchell replaced his face with his cock, kneeling between her legs and thrusting his cock into her all the way. Melody wrapped her legs and arms around him and hung on while he fucked her vigorously.

Mitchell came quickly inside her and she felt him ejaculate and an earth-shattering orgasm wracked her, she drummed her heels on his back as she orgasmed. She came so hard that she nearly passed out, she was dazed and confused.

When she came too there were three other men in the room. Mitchell Brooks was still inside her, slowly fucking her as she lay on the couch with her legs wide apart. One of the men had his phone out and was filming them. They were all naked and sporting erections.

"I'd like you to meet my friends. We're all going to have a little fun ok?" Mitchell smiled down at her.

The three men approached the lounge, two positioned themselves on one side of her and one on the other, Mitchell was still fucking her slowly and her cunt was tingling, she was far from another orgasm but it felt delightful all the same.

She took two of the cocks in her hands and one in her mouth.

Melody Summers left the reception room three hours later her hair dishevelled, her makeup ruined, her expensive dress ripped down one side and her pantyhose full of runners. She made her way to ladies room to tidy herself up, fix her makeup and change into fresh pantyhose. She used some toilet paper to wipe away the semen dripping from her vagina and her anus.

*****

Melody told the court an edited version of what really happened. She admitted that she had had consensual sex with Mitchell Brooks initially but then his friends had showed up and she was forced to submit to all kinds of debauchery.

"Miss Summers, as you know I now intend to show a series of pictures to the court that are very explicit but I need for you to describe to the court exactly what is happening in each picture," Adele said.

Celia had rehearsed this part of her testimony many times with Melody, hopefully she would hold up.

"Please bring up plaintiff exhibits one through four and provide hard copies to jury," Adele asked one of the bailiffs.

Two, sixty-inch flat-screen monitors lit up, and the first image appeared.

There was an audible gasp around the courtroom.

Melody swallowed and following the direction she had been given began to speak.

"That's Mr Grady forcing me to fellate Mr Stetford," Melody said dry-mouthed.

Melody was on her knees and Peter Grady was behind her, holding one of her arms behind her back and pushing Melody's head onto Brian Stetford's erection. The men were naked; Melody was still dressed in her evening gown.

"That's Mr Benstead forcing himself on me," she said softly.

Melody was on her hands and knees, fully-clothed, her dress hiked up and Danny Benstead was taking her doggy-style, holding onto her hair, pulling her head back, her face contorted.

"And that's me being forced to service three of the men," Melody was starting to fade under the pressure of giving her testimony.

There were only a few images left to show and Melody bravely endured them all, providing a narrative to what the jury was seeing.

"And in any of these pictures are you consenting to the acts being photographed?" Adele asked.

"No," Melody replied simply.

"And did you know that these pictures were being taken?" Adele was close to ending Melody's testimony.

"Yes. I saw the men using their phones to take pictures. At the end of the night they told me that if I complained about what had happened they would release the pictures online and send them to my friends and family," Melody began to sob.

"Nothing further you honour," Adele was pleased with Melody's testimony.

She believed that she had made her case and that Melody had made a very convincing witness.

The judge adjourned the court for the day.

*****

The next day it was John Murray's turn to cross-examine Melody Summers. Adele and Celia hoped that she would hold up under what would be a withering cross.

"Miss Summers, you claim that in the series of pictures presented by the plaintiff's counsel that you were being forced to participate in sexual acts against your will?" John Murray began.

"That's right," Melody leaned forward to speak into the microphone.

"These pictures here," John bought the series of shots up on the screens using a clicker.

"Objection you honour; inflammatory, the court has already seen this evidence," Adele rose to her feet but before she could continue John Murray interjected.

"Your honour, the plaintiff introduced the pictures into evidence," John gave Adele a sleazy smile.

"Overruled," Judge Brinkman waved his hand at Adele dismissively.

"And were these pictures also taken the same evening you allege the assault occurred," John pressed his clicker again.

A series of images appeared on the large screens facing the court which appeared to show Melody Summers in various stages of undress but never quite naked having sex with the defendants. The difference being that in these pictures her face was displaying what looked like extreme pleasure.

At disclosure Adele had the chance to have the photographs ruled inadmissible but she had not done so. The judge had ruled that the photos could be bought into evidence and Adele had asked for a stipend that allowed her to introduce her own photos into evidence.

Adele knew that to object further would bring these facts to the jury so she refrained.

Melody bowed her head.

Hard copies of the pictures were given to the jury to pass around.

"Miss Summers?" John Murray insisted.

Melody nodded.

"For the record please," he insisted.

"Yes," Melody whispered.

"Miss Summers; remember you are under oath and subject to perjury should you lie. Do these pictures not show you enjoying having sex with the four defendants? Are you not experiencing pleasure?" John Murray waved at one of the screens.

"It's not like that! Mitch... Mr Brooks was using his mouth... er performing cunnilingus on me while I was being held down. I can't just switch my physical responses on and off," Melody replied tersely.

"Yes or no? Did you receive sexual gratification during your so-called ordeal?" John Murray grilled her.

"Objection you honour. It has been stipulated by an expert witness that it is possible for a woman or a man to experience sexual gratification even if the act is against their will," Adele stated.