The “betrayed” ex-lover of a married Perth businessman has avoided being sent to jail for threatening to expose his adventure if he did not pay him at least $ 150,000.
Key points:
- Rachel Roche learned the man was married on social media, according to the court
- She tried to extort money from him after he “ghosted” her.
- The judge held that the man’s behavior did not “excuse” Roche’s actions
Rachel Roche, 40, met the man, whose identity has been removed, in 2019 on the dating website seekingarrangements.com.au.
The District Court said they later met on several occasions and were intimate, but did not tell him he had a wife and children.
It wasn’t until he went on social media and saw a picture of him with a public figure, while wearing a wedding ring, that he discovered he was married.
The court heard that he confronted the man, called only “RJ”, but he stated that he was going to leave his wife.
Accused of “ghost” by the former lover
Roche’s lawyer, Linda Black, told the court shortly after the man “ghosted” his client, cutting her off from any telephone or email communication.
Ms. Black said Roche felt “betrayed and devastated” and that it was in this context in early January 2020, over a four-day period, that she sent him nine emails demanding that he pay her $ 150,000. cash or what he would say to his wife and business partners. the affair.
The court learned that Roche was “devastated” after discovering that the man did not tell her he was married. (ABC News: Joanna Menagh)
He also demanded that he be paid $ 50,000 a day if the lawsuit was not met on a certain date.
The man reported the matter to police and Roche was charged with extortion, a charge of which he pleaded guilty just a month before being tried.
An impact statement from the victim was handed to the court, in which the man detailed the distress that Roche’s crime had caused him and his family, including the financial cost of hiring a law firm. to delete your name.
“He took some of that on himself”: Defense
Ms. Black said that while Roche fully accepted that his conduct was “totally wrong and illegal,” the man also had to take responsibility for “cheating on his wife and pretending not to.” I was married. “
“He took some of that to a certain point. He chose to act that way.” Mrs. Black introduced.
The court heard that the employer should take some responsibility for his actions. (ABC News: Joanna Menagh)
He was told in court that at the time Roche sent the emails he was also ill, so he mistakenly thought it was a sexually transmitted disease he had contracted from him.
“She was devastated because she thought she had found a relationship with someone who was available … then she’s scrolling through social media to see the man she really loves with a wedding ring on her finger.”
“… she was broken, devastated and angry. [That] caused him to behave in a criminal manner.
“She went through a phase of being furious with him, wanting to punish him.”
Elements of “spite, vindication” in behavior
Prosecutor George Brett told the court the man did not recall any discussion or agreement with Roche about money.
Still, Black argued that the man had told Roche he could “help her get a house.”
Roche (right, with his lawyer) may have to serve a prison sentence if he relapses during the suspended prison sentence. (ABC News: Joanna Menagh)
Brett claimed there were elements of “spite, revenge, and greed” in what Roche did.
He said he had threatened the man in three different ways: first, to tell his wife about his affair, second, to hurt him professionally, and third, a veiled threat to file a lawsuit. complaint through the #metoo movement.
The actions of the ex-lover give “context” not “excuse”: judge
Judge Fiona Vernon said that while Roche’s crime was not particularly sophisticated, it was persistent.
He also said that while Roche was suffering from high anxiety, stress and depression, he was able to understand that what he was doing was wrong.
“The discovery of your marital status … along with your ghost caused you anger and anguish.”
“That provided the context for the offense … but it provides no excuse.”
However, Judge Vernon accepted that Roche now had an idea of the illegality of his actions and said there was a low risk of recidivism.
Judge Vernon sentenced her to 18 months in prison, but suspended her for 18 months, which means that if Roche commits any additional crime during that time, she could be taken back to court and forced to serve her prison sentence. .
Posted 1 Hr 1 Hour ago, Jun 16, 2022 at 9:21 AM, updated 1 Hrs, 1 Hour ago, Thu, June 16, 2022 at 9:23 AM