Showing posts with label trial. Show all posts
Showing posts with label trial. Show all posts

25/12/2024

The Case of Gisèle Pelicot

 


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The French word​  for rape is viol. It signals the violence and violation inherent to the acts it names. Since early September, Dominique Pelicot, a 71-year-old Frenchman, has been on trial in Avignon for repeatedly drugging his wife, Gisèle, and raping her as she slept. He is also charged with inviting at least 72 other men into their home to do the same, on 92 occasions between July 2011 and October 2020, an average of about once every five weeks (Pelicot has admitted to raping her two or three times a week during this period, roughly 1400 times in total). Fifty men stood trial with Pelicot.

The involvement of the other men came to light because Pelicot filmed every act of abuse – this is the word he used to name the folder in which he stored the footage on his computer. The individual files had titles such as ‘fucked on the back 2’, ‘3rd anal’, ‘magnificent close-up from behind’. Among the more than twenty thousand images and videos Pelicot had saved, several were of his current and former daughters-in-law, Céline and Aurore, and two were of his daughter, Caroline, when she was thirty. In them she is asleep, lying on her left side dressed in underwear she does not recognise. She has no recollection of when or how the photographs were taken. Pelicot has admitted to almost everything, including that his motive was to ‘control women’, but he denies he ever ‘touched’ his daughter. The verdicts are expected to be handed down on 20 December.

We know these details because Gisèle Pelicot insisted on a public trial. She had the choice to seek justice anonymously and behind closed doors, but she wanted, among other things, to raise awareness of ‘chemical submission’, so that ‘one morning, when a woman wakes up and can’t remember what she did the previous day, she will say to herself: “Well, I heard Mme Pelicot’s testimony.”’ Indeed, women speaking out set this process in motion. Police inspected Pelicot’s computer after he was caught ‘upskirting’ several women in a supermarket in 2020 and one of them, Nathalie, decided to file a complaint. ‘Luckily,’ she said, ‘I didn’t just say to myself, “Ah, it’s just some old guy,” despite the fact that he played the victim.’

Gisèle Pelicot doesn’t conceive of her now ex-husband or the other men who raped her as ‘bad apples’, aberrations from the norm, but as products of what she has called a ‘macho and patriarchal society’ which ‘trivialises rape’. Her hope – and in this she is not alone – is that by publicising the behaviour such a society produces, the trial will be a step towards changing it. Her decision is astonishingly brave, not least because the culture she is condemning also produced the lawyers who have been questioning her and the journalists covering the case. The Telegraph did not disappoint, describing her choice of an open trial as an act of ‘public revenge’. The Daily Mail issued obsessive updates on the atrocities of the man they will only call ‘The Monster of Avignon’.

The defence tried to insist on closed hearings, but their arguments were ultimately self-defeating. The videos of Gisèle Pelicot’s abuse were, they said, too ‘nauseating’, too ‘indecent and shocking’ for public view; they would disturb the need for ‘serenity and dignity’ in the court. Her willingness to allow the videos to be seen must, they argued, either be an act of revenge (that word again) or evidence of her ‘exhibitionist tendencies’. They tried to conjure her as a patriarchal grotesque: at once a woman who enjoys sex too much and a woman who speaks out against the men who wrong her. A woman who must expect humiliation, who gets what she deserves.

One by one the accused were questioned, a process that went on for weeks. Gisèle Pelicot sat through almost all of it. The footage of the rapes was only broadcast in court when, after questioning, defendants maintained their innocence. One man insisted that he did it ‘pour satisfaire le couple’ (the only occasion Gisèle Pelicot walked out). The video was screened, the first time the accused had seen it. ‘I think I pleased the husband, not the couple,’ he conceded afterwards. Meanwhile, Gisèle was charged by the defence with not appearing sad enough (she cried only once in court). Can the exhibitionist not provide a little more drama?

Much has been made of how many of the accused were normal men living ordinary lives: a journalist, a plumber, a nurse, a soldier, a councillor, a lorry driver, a prison warden, a carpenter. One was quite literally the bloke round the corner: he and Gisèle would exchange greetings at the local bakery. Only two have a previous conviction for sexual violence, six others for domestic violence. Friends and family members of several of the men acted as character witnesses, including the partner of Cyril B., who testified that he is not ‘macho’ and that he had never forced her into any unwanted sexual encounters. Caroline, Pelicot’s daughter, says in her memoir that her father was ‘the one who took me to school, encouraged me in my sporting activities, my studies, my plans and later on in my career choices’. When the police first contacted her, Gisèle Pelicot recalled that they asked how she would describe her husband. ‘Un super mec,’ she said – a great guy.



Perhaps there is some underlying tendency that links these men, some pattern only experts can see. (Though perhaps not – the psychoanalyst Élisabeth Roudinesco argued in Le Monde that this was not ‘the trial of masculinity or patriarchy’ while also insisting that we must scrutinise the ‘education of young children’, as if these things could be untwined.) Reading reports of the testimony, patterns are hard to find. Many, certainly, experienced abandonment, parental alcoholism, neglect and abuse in childhood (Dominique Pelicot was raped by a nurse in hospital when he was nine), but others did not. The men described sadnesses and setbacks – a child dying, a business lost – tragedies that mark the lives of many people who will never rape. A number come from modest backgrounds; some are well off. One attributes what he called a ‘hatred of women’ to a single historic act of infidelity, but many more talk of building their own contented families. They all watch pornography, like at least 55 per cent of French citizens.

Only fourteen of the accused men have pleaded guilty to rape. Most of the rest claim that they, too, were the victims of Dominique Pelicot. Christian L., once a volunteer firefighter, said he must also have been ‘chemically subdued’. ‘It’s my body,’ he said of the video evidence, ‘it’s not my brain.’ Others said that they were manipulated by, even terrified of, Pelicot, the ‘seriously ill person’ under whose spell they were caught. For these men, the idea that Pelicot is a singular monster is a welcome reprieve. One defendant explained that the question of Gisèle’s consent was irrelevant: ‘She’s his wife, he does what he wants with her.’ A frequent defence – the one I find most chilling – was, in the words of Simone M., that the men believed Gisèle Pelicot was merely ‘pretending to be asleep, waiting to take part’. Some elaborated that they thought they were there to re-enact a scenario popular on porn sites: ‘sleeping woman’. At least one said that Dominique Pelicot told them that he and his wife would enjoy watching the video afterwards.

It is unclear whether any of the defendants were really proposing that they thought they were involved in the production of homemade pornography, but there are drearily practical reasons why this argument is not exculpatory. In pornography, the point is that things are not as they seem – the ‘unconscious’ woman is in fact conscious, and consents to pretending otherwise while having sex. In consensual porn, however amateur, the participants all know this; ‘non-consensual porn’ is just a synonym for rape. Since November 2022, OnlyFans has required that creators provide proof of consent from everyone in their content. The actors might meet beforehand, exchange names, confirm they’ve been tested for STDs. That none of this happened in the Pelicots’ house – that these men, on their own admission, never once met or spoke to the woman they claim was willingly involved, nor saw or asked for any proof of consent; that one of the men who came back six times was HIV positive; that at least one other man, probably more, was responsible for the four STDs with which Gisèle Pelicot was diagnosed after she learned of her abuse – debunks the fantasy that they were simply involved in consensual pornography. (Though it reminds us that the conditions of production for so much contemporary porn are conducive to exploitation. A recent Reuters investigation revealed multiple cases of men finding ways round the OnlyFans consent requirement, coercing women to film themselves while holding on to the proceeds.)

There is other evidence that the men in the Pelicot case knew exactly what they were doing. They all met in a chatroom called ‘without her knowledge’ (‘à son insu’, suggesting manipulation and a lack of consent), on a website that had, before it was closed down last June, long been tied to the co-ordination of sex crimes. One 37-year-old man had extended conversations with Dominique Pelicot on Skype, but chose not to participate after concluding that the plan clearly amounted to rape. There is the testimony of those who have confessed, like the former soldier who said he knew that Pelicot ‘was drugging his wife, who had not agreed to have sexual relations with other men’. When he took the stand, Pelicot testified that each of the participants knew the terms of the arrangement; he even said that he had warned some of them that it might get them arrested. Despite flimsy and misogynistic attempts by the defence to suggest otherwise, Gisèle Pelicot herself clearly had no idea about any of it; a decade of rape and dangerously high doses of sedation led to memory lapses, disorientation and gynaecological pain so severe that she went to see multiple specialists. When her husband accompanied her, she took it as an ‘act of kindness’.

Some of the defendants seemed to claim that pornography made it difficult, if not impossible, for them to distinguish between real life and the screen. The argument that porn can lead men to do bad things, perhaps even unwittingly – precisely because it encourages its viewers to suspend the distinction between fantasy and reality – is usually associated with conservatives or anti-porn feminists, not with the people who consume it. A court psychiatrist was reported as testifying that Charly A., who admitted to being addicted to pornography, ‘wanted to participate in a script’ and ‘was able to go from screens to an inert body’. It is one thing to think that porn shapes many people’s sexual expectations. It is another to think that porn is entirely constitutive of men’s sexual agency. This sort of vulgar determinism gives up on men as ethical agents capable of distinguishing between wanted and unwanted, and choosing accordingly. It also trivialises the deep phenomenological differences between the purely imaginary and the reality of engaging with another human body.

Recounting the details of the video evidence risks prurience. But precisely because rape culture is so successful at producing excuses for its perpetrators – and because our own imaginations are shaped by patriarchy and the porn it produces – the details become crucial, as both Gisèle Pelicot and the defence who tried to suppress them knew.

Each of the accused entered a bedroom and saw a woman lying still on the bed. None bothered to check whether she was, as they would later claim, playing along. Does a feigning body not betray itself in ways that even an accomplished actor cannot contain – a flickering eye, a tense arm? Husamettin D. initially refused to touch Gisèle because she was so still that he thought she was dead. The men, by this point, were already naked: Dominique Pelicot had them remove their clothes in the kitchen, one of several precautions to ensure they didn’t rouse his wife, including parking well away from the couple’s home, warming their hands and avoiding smoking beforehand or wearing cologne. (He didn’t, however, require they wear condoms.) More than once the court heard, on the videos, Dominique issue a rebuke: ‘Shh: you’re going to wake her up.’ The men persevered, getting onto an unfamiliar bed and manoeuvring Gisèle into position, her limbs heavy and uncooperative from the sedation. She never said a word, nor moved an inch to make herself more comfortable – in some cases, her husband arranged her body for the men. Experts testified that the amount of sedative Gisèle Pelicot was given meant that her state would have been more akin to a coma than traditional sleep. In multiple videos, she was snoring. This did not stop more than one of the defendants from putting his penis in her mouth, in some cases prompting her to choke. Some clips show Dominique holding her mouth open for them; in others, there is toilet paper over her eyes. ‘No violence,’ he reminds them, as they penetrate her orally, vaginally, anally, as they ejaculate on her face, her body. Some of the men leave the moment she stirs. One is seen gripped by surprise and panic as Gisèle showed signs of waking. Florian R. admitted on the stand that Gisèle Pelicot ‘did not move like someone who is having sex or who wants to’. Each of these men chose to ignore the testimony of her motionless body. ‘When you saw the lifeless body,’ she challenged the defendants in court, ‘did it not occur to you that something seriously wrong was happening in that room?’

When​ the Pelicot trial started, I had just begun reading Kate Atkinson’s bestselling series of murder mysteries, the sixth and most recent of which, Death at the Sign of the Rook, was published in August. The first book in the series, Case Histories (2004), quickly makes clear that the comfort on offer here is wry recognition. The story concerns three unrelated cold cases, two missing girls and another who was murdered, though we do not know by whom or why. As each case unfurls, the book becomes a study of the way women, for better and for worse (often much worse), adapt and accommodate to, are shaped and hardened by, male power and its familiar, sometimes devastating cruelties. Some of Atkinson’s women are both the victims of misogyny and its conduit. She is interested in what we don’t know about ourselves and one another, and her plots work in part because her characters – and her readers – are misled into thinking they know more than they do.

Hired to solve these cases is, as the blurbs say, the ‘beloved’ private investigator Jackson Brodie. The first time we meet Jackson he is listening ‘to the reassuring voice of Jenni Murray on Woman’s Hour’. It’s 2004 and he is 45, ‘that dangerous age when men suddenly notice that they’re going to die’. Where others choose Springsteen, motorcycles and ‘shagging anything that moves’, Jackson, though he wouldn’t say no to a BMW, dreams of retiring to rural France. His ex-wife, Josie, once the source of impulsive lust and dutifully obeyed orders, is ‘shagging some poncy guy with a goatee’. Jackson manages his sadness, and his bruised ego, by spraying some of her perfume in his tiny, new, bachelor bathroom (‘it wasn’t the same’) and listening to music compilations of ‘women in pain’.

A matter-of-fact, Thatcher-loathing Yorkshireman, ‘brought up on prudence and thrift’, Jackson’s likeability is due in part to the fact that he isn’t sanitised: he thinks about sex, even when he suspects he shouldn’t. He fancies his dentist, though the erection he gets while lying in her chair is, so he reports, a result of thoughts of plump French vegetables. He is not without flashes of masculine entitlement, but we forgive him because of what we could call his nascent feminist consciousness. (A phrase Jackson would think typical of ‘academic types’.) Years as a detective inspector investigating murders and sex crimes means he thinks it is hard to sift the ‘good guys’ from the ‘shitty little perverts’. ‘No woman,’ he concludes, ‘was ever truly safe.’ He is haunted by ‘lost girls’, especially those dismissed by a system that prefers ‘nice middle-class’ victims. And he makes clear what he would do to anyone tempted by the view that a woman ‘had somehow invited what had happened to her’. Jackson is the kind of guy who ignores it when friends ask if he’s ‘pussy whipped’, who wishes his 8-year-old daughter’s T-shirts weren’t emblazoned with phrases like ‘so many boys, so little time’, who sheds a quiet tear when the ‘racist old boot’ he worked for leaves him her estate, then worries to his (black) best friend about whether the cash might have originated in slave labour and should be given back. Atkinson offers up Jackson as the kind of decent guy we can all get behind – not a saint, not an angel, but a walking, talking, smoking, swearing personification of #NotAllMen.

By the end of Case Histories, Jackson is in a relationship with Julia, the client with whom he has spent much of the book flirting. The two were brought together by childhood trauma and a shared scorn for people who use the term ‘interfering’ when what they really mean is rape. I had become such an Atkinson fan that after finishing it I turned immediately to One Good Turn (2006), the next book in the series. Jackson seems a little darker here, no doubt because things are tricky with Julia. Unable to sleep, and absorbed in the plot, I found myself still reading at 3 a.m. Chapter 37 sees Jackson also lying awake at night, Julia asleep next to him. Usually, she sleeps naked but not tonight. ‘Jackson knew the pyjamas were significant, but he didn’t particularly want to think what that significance might be.’ Despite this,

“He fitted himself into the familiar curves and cambers of her body, but instead of pushing back and settling into his shape, she shifted away from him ... He moved closer to her again and kissed her neck, but she remained steadfastly asleep. It was difficult to wake Julia up, short of shaking her. Once, he had made love to her while she slept, and she’d hardly even twitched when he came inside her, but he didn’t tell her about it afterwards because he wasn’t sure how she would react. He couldn’t imagine her being particularly put out (this was Julia, after all). She would probably just have said, ‘Without me? How could you?’ Technically it was rape, of course. He had arrested enough guys in his time for taking advantage of drunk or drugged girls. Plus, if he was honest, Julia was such a sound sleeper that there had been a touch of necrophilia about the whole thing. He’d put a necrophiliac away once: the guy worked in a mortuary and didn’t ‘see where the harm was’ because ‘the objects of my affection have moved beyond earthly matters.’

What? I read the passage again. A woman asleep in the safety of her own bed, next to a partner she trusts. A partner who knows, as we do, that she is ‘a heavy sleeper’ (this is one of the first things we learn about Julia), a partner who also knows that when Julia’s father once tried to ‘stick his hands down her knickers’ she had ‘screamed the place down’, a partner who once stood next to her as she wept over the bones of her little sister. A man, having sex with a woman without her consent, knowing that what he is doing is ‘technically’ rape, convincing himself – as so many of Gisèle Pelicot’s abusers did – that she would have wanted it anyway, redescribing what he did as ‘making love’.

A writer of Atkinson’s intelligence and subtlety must be up to something, I told myself. And so, sleeplessly, I read back and I read on, trying to work it out. Perhaps Atkinson was taking aim at the comforting notion she spent much of Case Histories setting up: the idea that amid the perverts and the rapists, the shitty men and the sex pests, there really are some decent men out there. Isn’t the crushing disappointment we feel at Jackson’s blasé revelation familiar? Don’t many women know the experience of being let down by one of the ‘good’ guys, the man we admire for resisting what the world wants him to be, until, often without warning, he turns into that very thing? ‘You were a good husband and a good man, and I trusted you,’ Gisèle Pelicot said, on the one occasion she cried in court. ‘I never doubted you.’

Maybe there were warnings, clues laid down. Should I have paid more attention in Case Histories to what had seemed Jackson’s complex and interesting relationship to manliness – his worry, for example, that by being in touch with his feelings he was ‘turning into a woman’? Was Atkinson beginning an indictment of our tendency to pathologise sexual abuse rather than recognise its ubiquity and its connection to other manifestations of misogyny? As the books continue, Jackson sinks deeper into an embittered and fragile masculinity. At one point in Case Histories, he is challenged by a pervy teacher to admit that, in the same position, he too would sleep with his students: ‘At the end of the day you’re just a man.’ Back then, Jackson disagreed. But by the third book, When Will There Be Good News? (2008), he is sleeping with a woman fifteen years his junior, one who ‘hadn’t yet lost the glow of youthful enthusiasm’. ‘He was a man,’ he tells himself, ‘and he had taken it where he found it.’ Perhaps rape was a rite of passage.

After he and Julia separate at the end of One Good Turn, Jackson’s belief that he is a victim of deceitful, nagging women deepens. The possibility never occurs to him that she might have suspected what he did, might even have woken up during it, might have realised what kind of man she was lying next to, that her ‘infidelity’ (the cause of their break-up) might have been a way of getting out. In the latest book, Death at the Sign of the Rook, Jackson regularly stops himself from finishing sexist thoughts because he imagines himself ‘up before the Court of Women, Judge Julia, his ex, presiding’. Judge Julia, Judge Gisèle; all these men haunted by the fear of a woman’s vengeance.

As I read every interview I could find with Atkinson, it became clear that this wasn’t a six-book performance piece on rape culture and the evolution of the beta-creep. In the publicity for the fifth book, Big Sky (2019), in which Atkinson takes on #MeToo with a parade of women meting out justice to various men, she described Jackson as ‘the last good man standing’, who always tries ‘to behave like a gentleman’. ‘He knows,’ she said, ‘he’s got to protect women and children,’ even though he has a ‘strain of darkness’ himself. How’s that for a euphemism?

When Jackson first met Julia, ‘she made offering a cigarette seem like an invitation to sex.’ During a period of ‘enforced celibacy’, she insists she must ‘wank every night’. Does Atkinson think that Julia’s sexual appetite excuses, if not justifies, Jackson’s rape? Is she assuming the same slut-shaming logic offered by the defence in the Pelicot trial: that a woman who enjoys sex too much should expect men (and the rest of us) to presume that she is always up for it? Or does Atkinson, like some partners of the men charged with raping Gisèle Pelicot, think he just made a silly mistake? Either way, I didn’t want to believe it.

It’s not only Atkinson who seems to think there is nothing to see here. I started googling: ‘Jackson rapes Julia Kate Atkinson’; ‘Kate Atkinson Jackson Brodie rapist’; ‘“Jackson Brodie” sexually assaults Julia “One Good Turn”’. But all I could find was a short complaint on an obscure blog. A scholarly essay on ‘gender violence’ in the Jackson Brodie series doesn’t mention it. Google’s ‘AI Overview’ reassures me that ‘Jackson Brodie does not assault Julia.’ Book after book, reviewers respond with an often breathless admiration and excitement. ‘Be still, my heart,’ Marilyn Stasio wrote in the New York Times in 2019, ‘after nine long years in the wilderness, Jackson Brodie is back on the job.’ Don’t the Pelicot trial and the Jackson Brodie novels show, from different ends of the culture, that an essential feature of male power is being allowed to choose not to listen – to reason, to conscience, to evidence, to a woman’s testimony, whatever its form? And don’t they also suggest that essential to that power, too, is what women – what all of us – are expected to ignore?

Throughout​ my childhood, before my parents divorced, my father, when he was around, would read to me at bedtime. This was a privilege and there is no doubt a connection between this fact and what I now get to do for ‘work’. Sometimes, when I was a young girl, he would stroke my naked back, something he said he had enjoyed as a child, as he made up the stories I adored about the animals – foxes, badgers, rabbits, wise old owl – who played and misbehaved in our garden. This continued even after I found, in a drawer of his things, photographs of me lying asleep in my bed, propped up on my right side, naked. I had no idea how or when they had been taken. I was ten or eleven. I put the pictures back in their cardboard Ritz Camera carton and told no one.

Over the next couple of years, as my parents’ marriage imploded, my father continued to come up at bedtime. The animals became anachronisms, but it was clear he liked the ritual, and I liked that he hadn’t left us yet. So, I lay there on my front, my arms tight at my sides, useful barriers between his probing fingers and the breasts I wished I could send back to wherever they were coming from. I thought I’d pulled off a brilliant compromise. I didn’t have to be touched where I really didn’t want to be (my back was sacrificed territory) and his feelings wouldn’t be hurt. It wasn’t until I was in my early twenties that I thought about what a 13-year-old girl lying face down on her bed, pyjama top off, arms clamped and rigid, must have looked like to a man in his early fifties. What was the testimony of her body?

I sometimes wonder about my father’s own childhood experiences. Did he know the songs reluctant bodies can sing? I haven’t spoken to him in more than fifteen years, and he hasn’t tried to contact me. The last time we saw each other – I can’t remember how it came up and the fact that it did seems barely believable – he shared his view that women who wear short skirts on nights out were ‘asking for it’. I have heard since that he, too, plays the victim, telling anyone who will listen that my mother turned me against him. I sometimes wonder if there is anyone else my silence failed to protect.

I feel, though perhaps I am deluding myself, very little about all this. I don’t remember the pictures being taken and the bedtime accommodations were not so different from strategies I’ve adopted to deal with other men whose anger or hurt I’ve wished to avoid. My father found so many other ways to make life miserable that this seems, in retrospect, the least of it. What interests me more are the reactions of two people, both of whom I’ve known since childhood, both of whom I told about this only recently. Each offered up episodes – of which, again, I have no memory. One told me that their partner had always found something a little off about my father. Indeed. He always wanted to cuddle a bit much, and I always gave in because I felt sorry for him, and because I loved him. I didn’t know this wasn’t the way a child should feel but also, somehow, I did. I just didn’t know how to talk about it. And neither did anyone around me.

Gisèle Pelicot’s family didn’t know how to talk about it. On the witness stand, Dominique Pelicot’s former daughter-in-law, Aurore, reported once hearing him say to his grandson: ‘But you never want to play doctor.’ Abused as a child, she worried she was reading too much into it, so said nothing. The Pelicots, she said, always seemed ‘a bit the ideal family’. Florian Pelicot recalled his father’s strange unease when he borrowed his computer, and the way he would take pictures of Aurore ‘from every angle’ at family events. Whatever signs there were, Gisèle Pelicot said, they only became apparent in retrospect.

What are we​ taught not to see? What do we see and are taught not to talk about? If we want to understand the logics of a ‘rape culture’ that produces the ‘Monster of Avignon’, the scores of men he convinced to join him, the website on which they all met, the terms in which they made their excuses, the porn they and millions of others consume, the desire that this porn both writes and represents, the desire of men to get from women what they know they don’t want to give, the getting it because they can, the fantasy that the women they took it from wanted it anyway, the women who are taught to stay quiet, who are kept quiet, and the ones who are ignored, defamed or humiliated when they do not – if we want to understand this ‘culture’ (or rather, this way that we distribute power) might we need to think not about the ‘monsters’, but about the gruff, decent guys, the guys we love and forgive, the guys who are ‘not like that’, for whom we silence small anxieties about coercion and hurt and trust precisely because we are so relieved they are not monsters? And perhaps also because we are worried that if we do speak up they might leave us, exclude us, react with the infantile fury we are taught so carefully to contain? Are we not, when we look closely, surrounded by these small acts of accommodation, denial, repression, evasion?

But speaking up isn’t easy and the hard distinction between the ‘good guys’ and the ‘bad guys’, makes these conversations even more difficult. Patriarchy does not mean that men cannot act decently, and kindly, indeed that the men in our lives may not sometimes be better and more reliable than the women. But it does mean that there are no men, no people, who can ever claim to be entirely beyond its reach. It is always there in the background, incentivising, rewarding and giving cover to good men who decide, however briefly, not to be.

The point here is not that all men are rapists-in-waiting, nor that all women who put their trust in men are at risk. The point is that patriarchy puts women in a sceptical scenario, making the distinction between the men you can and can’t trust difficult to draw. (It is not just women who suffer here: consider the man who really does just want to read to his daughter.) How many women have wondered whether a behaviour should be interpreted as a warning or instead as something they can safely ignore – perhaps even participate in and enjoy? Women in this situation are not helped by the tendency of men to get defensive, to use their comparative ‘goodness’ (‘I’m not that guy’) to shut down these conversations. (Many French men have expressed fury at the attempt to use Dominique Pelicot to start a national conversation about sexism.) It is certainly possible that the man who gets off on ‘sleeping girl’ porn or who sleeps with much younger women is not a creep. But if he is not to be, then might he need to be the guy who takes this sceptical scenario seriously, who is open to a conversation about where these desires might come from and what they might mean? If the price of a relationship is silence, is that not a sign that something isn’t right?

The other side of a culture of silence and silencing is one of not listening. Because, of course, many women do speak up, have always spoken up, and it is not only ‘bad’ men who ignore them. A group of researchers at the University of Cambridge recently reported on a study in Northern India where remotely operated drones were meant to be used to monitor wildlife. They found that the technology was used instead by local government and male villagers to surveil and humiliate women. Some women who worked together in the forest felt so intimidated that they softened the singing they used to deter attacks from predators. One was subsequently killed by a tiger. The lead researcher, who I have no reason to think is anything other than a very good guy, commented: ‘Nobody could have realised that camera traps put in the Indian forest to monitor mammals actually have a profoundly negative impact on the mental health of local women who use these spaces.’ Really – nobody?

The poet Muriel Rukeyser once asked: ‘What would happen if one woman told the truth about her life?’ ‘The world,’ her poem responds, ‘would split open.’ Gisèle Pelicot also believes that her testimony – her body on the screen, her words in court – might be enough to change society. Do we believe it too? Her decision means that some women will realise, as she did not, that they have been the victim of drug facilitated sexual assault. Some doctors will consider diagnoses and offer tests that they otherwise might not have. Recognition and the solidarity it can produce have always been central to feminism’s power. But what of society more broadly? Will men see themselves as implicated in the culture that produced Dominique Pelicot and his accomplices, and seek to transform that culture, and themselves? And if not, will we at least create the conditions that allow women to leave abusive men with dignity and in safety, investing in specialist support services, public housing, childcare provision, adult education? Or will we simply continue to ask underfunded justice systems (something France and Britain have in common) to prosecute bad men out of existence? In 1968, when Rukeyser wrote her poem, it was possible to think that the world might change if only women told the truth about their lives. But the last several decades, decades during which women around the world have challenged male power, have shown us otherwise. Even as we learn to talk, we find that talk alone won’t stop the world from turning much as it did before.

 

 

 

Sleeping Women.By Sophie Smith. London Review of Books, December 26, 2024. 



Sophie Smith teaches history and politics at Oxford University











10/04/2024

The Murder of Emma Caldwell : Sex Workers, Misogyny and Police

 

 





In​ the darkness, high above the glare of the streetlights, Emma Caldwell gazed out over Cumberland Street. It was a Monday evening in May 2005 and the young woman’s photograph had been projected onto a block of flats near where she was last seen in Glasgow, on the edge of the Gorbals, not far from the Clyde. She had been murdered just seven weeks before. Appealing for witnesses in this way was an innovation, the detective leading the inquiry told reporters. If it was, it would not be repeated. The decision of Strathclyde Police to beam a 70-foot image of a recently murdered woman across five floors of a condemned building seemed crass even then.
 
In recent weeks, the same photograph has appeared in every British newspaper after a man finally stood trial, almost nineteen years later, for Caldwell’s death. Yet the bringing of this long-delayed prosecution was not the result of advances in DNA technology, or testament to dogged detective work. Instead, the trial exposed a shameful failure of Scotland’s justice system, as the country’s most senior police officers and prosecutors became complicit in concealing a killer.
 
The photograph was the family’s last picture of Caldwell, snapped in the countryside and found on an undeveloped film after her death. It looks like it was taken on a cold, bright spring day: there are leaves on the trees and she is wearing a winter jacket with a fur-trimmed hood. She is half-smiling, looking off to the left. Emma’s mother, Margaret Caldwell, thinks her husband, Willie, took the picture. Her daughter was, she says, determined to get off heroin, an addiction which began after her older sister died of cancer and which forced her onto ‘the drag’, the red-light streets just west of the city centre. She would get clean and then return to her parents’ house in Erskine, just twenty minutes down the M8.
 
Margaret and Willie Caldwell were there that night on Cumberland Street. ‘No one asked us to go, the police didn’t know,’ she remembers. ‘We had driven up to Glasgow so many nights after Emma disappeared, just driving around, looking for her, asking if anyone had seen her. We parked in a side street near the flats and waited in the car until Emma’s picture appeared. It was a damp night and we just sat and looked at Emma through the windscreen. Then she disappeared and it all went dark.’
 
A young woman, thin, blonde, dressed in black, can be seen on grainy CCTV footage leaving a hostel on the Southside of Glasgow at 10.56 p.m. on 4 April 2005. Caldwell was also caught on camera walking into the city centre and her phone was last traced to a street that crosses the Clyde. The discovery of her naked body, five weeks later, by a man walking his dog in forestry land forty miles south of the city prompted one of Scotland’s biggest and most expensive murder investigations. Strathclyde Police – which was merged with the other regional forces into a single national service in 2013 – had come under sustained criticism after a series of unsolved murders of sex workers, and the inquiry into Caldwell’s death was promised every possible resource.
 
The police took statements from many of the women working on the streets around Glasgow Green, just east of the city centre, and among the deserted night-time office blocks of Anderston, on its western edge. One man in particular recurred often in these statements, slowly driving around the streets looking at the women, talking to them, paying for sex, demanding more than he paid for. He was short but powerfully built, and his lack of personal hygiene was so extreme that some of the women believed it must be a power thing. A few knew him as Peter, others as Craig or John. One woman had him in her phone as Blue Van Man. Shown ranks of photographs by detectives, however, the women all pointed to the same man. His name was Iain Packer.
 
He knew Emma, they told the police. He’d had sex with her regularly, at least once by force, according to a woman who had comforted her afterwards. In one statement made in June 2005, weeks after Caldwell’s body was found, one of her friends told detectives Packer had been obsessed: ‘Once he started going with Emma, I can’t remember him going with anyone else. Even when Emma was not out, he would drive around looking for her. I thought he was stalking her. He would not leave her alone, constantly following her, pestering her.’ In March 2006, the same woman was interviewed again: ‘I really had bad vibes from him. It was Emma, Emma, Emma, no one else interested him.’
 
By the summer, detectives were looking at Packer, a 32-year-old neon-sign maintenance man, with increasing suspicion. His former colleagues, friends and partners had been interviewed, his vehicles traced. On 21 June, he was picked up kerb-crawling and interviewed by detectives for the first time. He said he might have seen Caldwell at one of her usual spots in Cadogan Street but had never spoken to her. An officer noted that he became ‘increasingly agitated and uncomfortable’ when asked about her. He was interviewed several times in the following months, changing his story every time. Meanwhile, other witnesses described his compulsive use of sex workers, which had cost him, as he later admitted to the police, £30,000 and two marriages; his enthusiasm for rough, outdoor sex; his habit of picking women up in the city centre and driving them far into the countryside to have sex; his tendency to lose control and fly into violent rages; and the way he enjoyed throttling women, and had threatened at least one with a knife.
 
He eventually admitted that he had known Caldwell, and during his sixth police interview, almost two years after the murder, in March 2007, he offered to take detectives to the woods where he used to go with her and the other women he picked up. He directed the officers out of the city and south down the M74, off at Junction 11 and along a succession of small country roads, before telling them to take a hard right onto a farm road potholed with broken red asphalt. After a quarter of a mile, they stopped at a turning point, with a battered cattle grid on one side and a silver gate on the other. ‘This is it,’ Packer told the detectives. They were at Limefield Woods, not far from Biggar, where Caldwell’s body had been found. He told them he had taken her there six times, although he would later change that story too. On their return to Cathcart police station, the detectives, certain that Packer was on the verge of confessing, asked for guidance from senior officers, but were told to let him go and not to speak to him again. He left soon after. It was Tuesday, 13 March 2007.
 
Five months later, in August, officers involved in the case were called to a meeting at Baird Street police station. ‘It’s all in here,’ Detective Superintendent John Cuddihy said, smacking the fat file on the desk in front of him. ‘The evidence is all in here.’ Months of covert inquiries had targeted a Turkish café on Bridge Street and identified four men as Caldwell’s killers. These were supposed to be Scotland’s first murder convictions based on surveillance evidence. A long and elaborate investigation, costing £4 million, had involved undercover officers from foreign forces, electronic surveillance of the café, and the translation and transcription of countless hours of allegedly incriminating conversations. Cuddihy, one of the detectives who had led the surveillance operation (codenamed Operation Guard, which ran in tandem with Grail, the public-facing murder inquiry), summarised the investigation for the assembled officers and detailed the evidence against the suspects. He seems to have realised the room was not with him, however, and, his voice rising, insisted that the Turkish men were guilty.
 
Caldwell’s phone records showed that the final call to her mobile, made at 11.20 p.m. on the night she disappeared, was a 76-second call from a Turkish man. Police interest in the man grew when they found out he had returned to Turkey soon afterwards. The call had been made near the Turkish café on Bridge Street, not far from the last spot where Caldwell’s phone had pinged. The café was, according to some of the women the police had interviewed, a drinking and gambling den. Some claimed they had been raped there, and after Caldwell’s DNA was found there too, in a drop of blood on a quilt, the detectives’ focus on the café became relentless.
 
At the end of May 2006, transcripts of conversations covertly recorded in the café suddenly began to deliver new evidence. ‘They brought her here.’ ‘They killed the girl.’ They killed her like an animal.’ ‘Halil did it.’ The men were recorded apparently confessing to killing Caldwell and removing her body wrapped in a carpet: ‘They lifted her with the rug cover.’ ‘Who doesn’t have cable? Did you take it?’ The transcripts seemed conclusive, but after the men were arrested translators commissioned by their lawyers found no talk of murder and bodies, rugs and cables. Kerem Öktem, an academic who was asked to listen to four hundred hours of tapes during a police review of the inquiry, said ‘It was not possible to make any conclusive statement about their involvement in the murder. It was simply not possible.’ Experts would later suggest the men had talked about being questioned at the police station, which had resulted in some of the seemingly damning quotes; others were phrases used in a game called okey. Aksoy Ozer, a Grampian Police officer who had been drafted in to help translate the tapes, despite having no training with the equipment or qualification in translation, later said he had been put under ‘immense pressure’ and told to suppress some things he had heard. He also admitted that his Turkish was limited. Ozer left the force in 2010 claiming he had been made a scapegoat. The tapes had been the only real evidence. There were no witnesses and, despite a painstaking search of the café after the men were arrested, there was no forensic evidence. After spending eighty days in custody, they were freed. The café owner, Huseyin Cobanoglu, was sentenced to ten years for rape and sexual assault in 2009.
 
It remains difficult to understand why the detectives set Packer aside to focus entirely on the Turkish men. They weren’t rookies. Ruaraidh Nicolson, later deputy chief constable of Police Scotland, was in charge of Strathclyde CID when Willie Johnston, a detective superintendent, was put in charge of the murder inquiry. Johnston was trusted by Caldwell’s family and kept in touch when he retired from the force and took a consultancy job in the Middle East. His texts and calls from Abu Dhabi ended abruptly, however, after the suspicions about Packer became public. John Mitchell, a detective chief superintendent, took over the investigation when Johnston left. He also became head of CID at Strathclyde Police and, after retiring, the director of investigations for the Police Investigations and Review Commissioner. Two more senior detectives, Cuddihy and Colin Field, took charge of the surveillance operation against the Turkish men. The exciting trappings of that investigation, the covert taping and Turkish-speaking undercover officers, seem to have blinded these men to the more mundane truth. ‘They thought they were in an episode of The Wire. Their heads were turned,’ one former colleague said. The endless suspicion around Packer must have given them pause: they spent months vainly attempting to link him to the Turkish men. Yet after the case against those men collapsed, they did not go back to reinvestigate Packer. They did nothing at all.
 
Back​ in the days when papers had newsrooms and desks had telephones, my first editor told me never to let one ring. ‘You just never know,’ she would say. When my phone at the Sunday Mail rang at half-past six on Wednesday, 25 March 2015, I was tempted to ignore it. Off-stone was three days away, and if it was important my mobile would be ringing. Well-trained, I picked up anyway. ‘Jim, it’s Gerry Gallacher,’ the caller said. ‘I might have the biggest crime story for ten years.’ My heart sank: if a reporter knows anything, it is that big stories never arrive so easily. Gallacher was a retired police detective, an experienced investigator and a trusted contact. We had kept in touch after the Mail serialised his memoirs a few years before. He had been reinvestigating the inquiry into Caldwell’s murder for a potential book and had some documents to show me. He had scoured the paperwork from the original investigation, methodically marking it up with pink and yellow Post-it notes and handwritten annotations, but the signposting was hardly necessary – Packer’s name was all over the lever arch files. Every mention trailed suspicion: the accounts from women who didn’t like him, the recollections of colleagues who didn’t trust him, his own interviews with detectives as his story twisted and turned. Finally, there was his journey with the detectives to the woods where Caldwell was killed, only for him to be let go within hours and remain free for years. It seemed preposterous to me then, almost unbelievable. It still does.
 
I rang to arrange to meet Gallacher at Limefield Woods, but was told I would never find it on my own. Instead, we met in a service station car park before twisting our way through the South Lanarkshire countryside. Finally, we turned onto a farm track that led into a pine forest. We stopped where the track was blocked by a silver gate and sat in silence for a moment. Almost nine years later, the jury at Packer’s trial made the same journey in a minibus escorted by ten police motorbikes. The trial judge, Lord Beckett, lawyers, court staff and Packer, now 51, wearing a mask and walking with a stick, were there too. They went off the track and into the woods to the stream where Caldwell was found. I had been almost persuaded of Packer’s guilt by the police files, but the length and intricacy of the journey to this remote spot was, for me at least, conclusive.
 
In 2015, I had been editing the Sunday Mail for six years and, after returning from South Lanarkshire, I asked deputy editor Brendan McGinty for his help. Normally, editors pass tip-offs to reporters, but accusing a man of murder – a man who hadn’t been arrested, never mind charged – and the police of concealing his crime was the kind of story that, if it goes badly, gets journalists the sack. If anyone was to be in the firing line, we agreed, it should be us. The next few days were frenetic. We wrote thousands of words based on the police files, interviewed Gallacher at length, and traced Packer to his parents’ home in Baillieston. We spoke to women who had known him. Some were terrified of him. Some were furious. One was sick when shown his photograph. Finally, I invited Caldwell’s mother to our office, to tell her what we were about to report. She had never heard of Packer and seemed at first bewildered and then dismayed as I summarised the evidence against him.
 
We gave Police Scotland the chance to comment or offer guidance off the record. There was no substantive response. Late on Saturday afternoon, with the pages being checked and the deadline looming, the paper’s duty lawyer was unimpressed with our intention to identify Packer. We were, she said, not just suggesting he was a suspect but calling him the killer. If he sued for defamation, how could we prove it? If the police didn’t have the evidence to charge him, never mind convict him, how did we? Why not run the story but remove his name and picture? These were hard, inconvenient questions, but I was, by then, certain of the story. Anonymising Packer would reduce the clarity and impact of the reporting and it seemed important that this first account was as clear and impactful as it could be. We ran it on Sunday, 5 April 2015, which was, coincidentally, the tenth anniversary of Caldwell’s disappearance, clearing the front page of the Mail and eight pages inside. The headline was ‘The Forgotten Suspect’ and there was a six-column photograph snatched in the street of a scowling Packer, wearing a black hoodie and with an unlit cigarette clamped in his mouth.
 
Then we waited. Perhaps the police had good reason for not pursuing Packer? Perhaps he was abroad when Caldwell died? Or in prison? Perhaps we had missed the obvious proof of his innocence in the files? Surely he wouldn’t have been allowed to remain free for so long if the evidence against him was so damning? Early on the Tuesday, Police Scotland launched an urgent investigation, but not into Caldwell’s murder. They wanted to find our sources.
 
Not only was the inquiry mounted by the force’s Counter Corruption Unit (CCU) an appalling misjudgment, it would later be ruled unlawful. The detectives involved ignored warnings from their own colleagues that the law had changed and they now needed judicial approval before seizing data in an attempt to identify journalists’ sources. Four officers, two serving, two retired, including Gallacher, had their phone and email records secretly examined. This was discovered during a routine inspection by a watchdog, the Interception of Communications Commissioner, and in 2016 an Investigatory Powers Tribunal (IPT) ruled that the collection of the officers’ data breached the Human Rights Act and the European Convention on Human Rights. Six years later, another IPT hearing in Edinburgh heard that the CCU had also obtained my number and, despite dropping plans to seize my call data after being told it would be unlawful, had breached the ECHR in my case too. The three-judge panel ruled that ‘the information about individuals was recovered with a view, it is now admitted, to discovering Mr Wilson’s sources, therefore it represents an interference with his Article 10 rights as a journalist ... There is a real risk that conduct of that sort will have a chilling effect on his ability to obtain and disseminate information in the public interest.’
 
By the time of that hearing, the second investigation into the murder of Emma Caldwell was in its seventh year. While the hunt for our sources was launched within days, the murder inquiry was not reopened until seven weeks after the story was published, and then only after the direct intervention of Frank Mulholland, the lord advocate, Scotland’s most senior prosecutor. Caldwell’s mother was disappointed when told the new inquiry might take two years. It was very complicated, they told her. It was going to take time to have all the conversations from the Turkish café retranslated and retranscribed. Well, it would, but why was that necessary? It is difficult not to believe that the delays in bringing Packer to trial were caused by the deep reluctance of senior officers in Police Scotland and the Crown Office and Procurator Fiscal Service to explain in court why they had not put him in the dock ten years earlier.
 
Journalists were reluctant to say anything further, fearful of jeopardising a future trial by influencing the jury. They might have been less concerned if they had known Packer would not stand trial for another nine years. Eventually, the patience of BBC Scotland journalists snapped and, resisting pressure from police and prosecutors, they broadcast an interview with Packer in February 2019. He had approached them in an attempt to clear his name, but at his trial, a former partner said he was as ‘white as a sheet’ after filming and looked like he had been ‘found out’. Mulholland’s successor as lord advocate, James Wolffe, seemed to have done little to advance the case. He agreed to meet Emma’s mother – ‘A condescending man,’ she remembers. ‘He never looked at me once’ – but not much more. His successor, Dorothy Bain, arriving in 2021, quickly met Margaret Caldwell and Aamer Anwar, her lawyer, and Packer was finally arrested in February 2022.
 
Many of the women who gave statements about Packer nearly twenty years ago are themselves now dead, lost to addiction, violence or illness. There are still some who remember Caldwell fondly, while insisting she was too polite, too well-spoken, for the life she was living. Her mother did not understand the depth of her daughter’s addiction or the reality of her life. ‘After she died, a police officer asked if we had known Emma had frequented the city centre and I said, well, I know she goes to this shop and that one, but that wasn’t what he meant at all, not at all.’ She and her husband would visit Emma twice a week in the hostel, bringing her food and seeking reassurance that this was only temporary, that she would, one day, come home. ‘Willie and I were so naive,’ she says now. ‘We didn’t realise Emma was taking drugs for such a long time and when she finally told us, we didn’t have a clue what to do. I remember we took her to the hospital the night she told us to ask for help but the doctor just looked at us as if we were daft. We went home and talked and talked, cried and cried. I remember thinking we had got through to her and went to bed that night happy, thinking we had got her back. Looking back, I think that was the night we lost her.’
 
On 28 February, at the High Court in Glasgow, a jury found Iain Packer guilty of murdering Emma Caldwell. He was also found guilty of 32 other charges against 22 women, including 11 rapes and multiple sexual assaults, most of them committed after the murder. He was sentenced to a minimum of 36 years, the second longest sentence ever handed down in Scotland. The verdict answered some questions of guilt, but many more remain, for Police Scotland and for the Crown Office. The trial heard no compelling evidence that had not been available within months of Caldwell’s death. For example, one key witness was Dr Stefan Uitdehaag, from the Netherlands Forensic Institute, who told the jury that soil found in Packer’s van was very likely to have come from the woods where Emma’s body was found. The soil sample was collected in 2005; Dr Uitdehaag was asked to analyse it in 2022. On 7 March, eight days after the verdicts, the Scottish government announced a judge-led public inquiry; the lord advocate confirmed that a criminal investigation into the first police investigation is also planned.
 
Margaret Caldwell sat in court for much of the evidence and was there to hear the verdict. She is scathing about those responsible for delaying justice so long, for allowing Packer to attack and abuse so many more women. She believes only an outside police force and independent prosecutors can properly scrutinise the decisions made in the first inquiry into her daughter’s murder and throughout the years since. ‘At so many points, the police and the lawyers could have done the right thing but instead did the opposite. They will all have something to say now, blaming each other, but the time for them to say something was all those years ago. Let them say it to a judge.’


Shameful. Jim Wilson on the Investigation into the Death of Emma Caldwell. By Jim Wilson.  London Review of Books, March 21, 2024. 





The mum of Emma Caldwell has slammed her daughter's killer Iain Packer after he was jailed for life.

Margaret, 76, fought for justice for 19 years while Packer, who was interviewed several times by cops, remained a free man.

 Recently, the 51-year-old serial rapist was caged for a minimum of 36 years last month after being found guilty of murdering the 27-year-old in 2005 and rapes and multiple sexual assaults against a total of 22 women.

Speaking on Good Morning Britain, the Daily Record reported Margaret said: "My family and I have been in so many dark places while this man walked the streets. It took far too long for justice to be served.

"The day after the trial I woke up and felt strange. I can't explain it and I thought throughout the day that maybe it was a relief but it wasn't. It was more that I felt at peace that this man has been put behind bars.

"Now he is absolutely irrelevant to any of us. He matters nothing to us anymore. He got his justice and he is where he is."

Margaret was joined on the show by her lawyer, Aamer Anwar.

Emma, who was a former stable worker turned to drugs and sex work after her older sister, Karen, died of cancer.

She continued to say: "Emma was lucky, she had a voice.

"She had her family and we kept in contact with Emma throughout this whole time.

"We knew that heroin was a killer and we knew that Emma was a heroin addict but we didn't have any knowledge that Emma worked on the streets, we were completely naive, we had no idea how she got her money.

"We rang each other every day and had a very close relationship. I saw her twice a week and she was near to going into rehabilitation."

Yesterday the Scottish Government confirmed an independent public inquiry into the police handling of the case would take place.

Margaret added: "There were many good police officers. David McLaren and Graham Mackie were excellent and they came forward for the second investigation when others thought the case was left in a dusty corner and they brought it back into the light of day.

"They were fighting on our side."

Speaking on the show, Mr Anwar said: "I think there are a whole series of allegations and reasons for a public enquiry but I think it is also important that the Lord Advocate has to order a criminal investigation finally after 19 years.

"Some of the most senior police officers in this country have fingerprints in this case and they have never answered questions.

"Police officers betrayed justice, they betrayed 22 women and many others who didn't come forward, and there has to be a criminal investigation into their conduct.

 "They knew [Iain Packer] was a killer and a serial rapist and we were told by Scotland's most senior prosecutor that, as a senior law officer in 2008, she said that this is the man to go after and she told the police to do it and then the case just disappeared.

"Those officers brought shame on their uniform. They should be held to account, there should be change and if those officers are found to have engaged in criminality then they should face prison."

He added: "It has been described as probably the worst scandal in Scottish legal history. He has been described as one of the worst sex offenders in the UK.

"No women should ever feel because of her status, her vulnerability, her actions, her job - that they need to accept sexual violence."

 Emma Caldwell's mum has slammed her killer Iain Packer. By Ben Waddell. Glasgow Times, March 12, 2024.




An independent judge-led public inquiry will be held into how police handled the investigation into Emma Caldwell’s murder, the Scottish government has announced. The announcement came as Scotland’s most senior law officer said she believed there was sufficient evidence in 2008 to prosecute Caldwell’s killer, who was convicted only last week.

Caldwell’s mother, Margaret, has campaigned tirelessly for nearly two decades to bring her daughter’s murderer to justice. She listened from the public gallery as Scotland’s justice secretary, Angela Constance, told MSPs on Thursday afternoon: “There can be no doubt of the serious failings that brought a grieving family to fight for justice.”

The inquiry is expected to examine the sustained police failings that emerged during the trial of killer and serial rapist Iain Packer.

Packer was jailed last week for 36 years for the 2005 murder of Caldwell, as well as multiple other cases of sexual violence against 22 other women.

 Caldwell was living in a hostel in Glasgow when she disappeared in April 2005, aged 27. Her mother told the trial that her daughter had started taking heroin to numb her grief after the death of her sister and was funding her drug habit through sex work. Caldwell’s naked body was found five weeks after she went missing, in Limefield Woods near Biggar, South Lanarkshire.

An emotional Constance told the Holyrood chamber: “Given … the gravity of this case, the length of time that it took for justice to be served for so many women and the horrific extent of the sexual violence suffered by the victims and survivors, the case for holding a public inquiry is overwhelming”.

An hour before the statement, Caldwell’s family concluded a meeting with the lord advocate, Dorothy Bain, who worked on the case as crown counsel in 2008.

Bain told the family that after taking the view that there was no murder case against the four Turkish men who the original police investigation had focused on, she and the solicitor general directed investigators to look at Packer, whose name appeared in police papers.

Speaking after the meeting, the Caldwell family’s solicitor, Aamer Anwar, said: “The lord advocate confirmed that multiple women came forward who would have added to the evidence of rapes and attacks. There is no doubt on the basis of evidence available in 2008, had the police listened to the Crown Office, Packer may well have been serving a life sentence”.

Packer, who lodged an appeal against his conviction yesterday, is known to have carried out at least 19 other rapes and sexual assaults after he killed Caldwell.

Police Scotland has apologised for how the original inquiry was handled by Strathclyde police, which was amalgamated into the national force in 2013.

Police Scotland’s chief constable, Jo Farrell, reiterated the apology when she met Caldwell’s family on Wednesday, adding that she supported their calls for a public inquiry and pledged the force would “fully participate”.

“It is important that Emma’s family and the public get answers to the many questions they have,” Farrell said.

Independent inquiry into 2005 murder of Emma Caldwell announced.  By Libby Brooks. The Guardian, March 7, 2024. 




The killer of Emma Caldwell is to appeal against his conviction and the length of his sentence.

Iain Packer was given a life sentence and ordered to serve a minimum of 36 years in prison.

He was found guilty last week of 33 charges against a total of 22 women, including Emma's murder and 11 rapes.

The Scottish Courts and Tribunals Service have confirmed to BBC Scotland that Packer has now indicated a "intimation of intention to appeal".

The death of Ms Caldwell in April 2005 was one of Scotland's longest running unsolved murders.

The news of Packer's appeal came as Emma's mother Margaret Caldwell met Scotland's chief constable as the family continued their campaign for a public inquiry into the police investigation into her death.

Officers initially arrested four Turkish men in connection with the murder but they were released a year later when the case against them collapsed.

Emma's family believe that a "toxic culture of misogyny and corruption" within what was then Strathclyde Police meant that women and girls who came forward to speak up against Packer at the time were ignored and he was dismissed as a suspect.

They say this allowed Packer to continue raping other women after murdering Emma.

 Chief Constable Jo Farrell apologised to Mrs Caldwell and her family for the policing failures, and backed their call for a full inquiry.

She said: "It is important that Emma's family and the public get answers to the many questions they have.

"I therefore support the family's calls for a public inquiry. I absolutely commit that Police Scotland will fully participate in any further proceedings.

"We have reflected and learned from the initial investigation and subsequent re-investigation.

"Significant changes have been made to improve organisational culture and response, particularly in respect of investigative structures, victim care and processes to these types of crimes."

Margaret Caldwell met First Minister Humza Yousaf to discuss the case on Tuesday and will meet Scotland's top law officer, Lord Advocate Dorothy Bain, on Thursday.

Mr Yousaf has previously indicated that he would be open to a public inquiry being held, with the Scottish government due to make a statement in the Holyrood chamber on Thursday afternoon.

Packer will not be released pending his appeal, which will take place at a later date.

 

Emma Caldwell killer Iain Packer to appeal against conviction.   BBC News, March 6, 2024. 



A man has been found guilty of the 2005 murder of Emma Caldwell after a trial that raised significant questions about the police investigation of the killing and the key suspect over almost 20 years, as well as attitudes to reports of violence against sex workers.


Iain Packer, 51, was sentenced to at least 36 years in prison for Caldwell’s murder and was found guilty of 32 other charges against a total of 22 women that amounted to a horrifying course of unchecked physical and sexual violence over two decades. The offences included 11 rapes and multiple sexual assaults.
 
Sentencing Packer to the second-longest term in Scottish legal history, the judge, Lord Beckett, said the killer was responsible for an “extreme campaign of sexual violence”, preying on the vulnerable and causing “extreme and enduring suffering for so many women and their families”.

Immediately after the verdicts, the Police Scotland assistant chief constable Bex Smith, who is the executive lead for major crime and public protection, apologised directly to Caldwell, her family and “many other victims”, saying they were all “let down by policing in 2005”.

Caldwell was living in a hostel in Glasgow when she disappeared in April 2005, aged 27. Her naked body was found five weeks later in Limefield Woods near Biggar, South Lanarkshire.

Her mother told the trial that Caldwell had started taking heroin to numb her grief over the death of her older sister. She had been making money through sex work at the time of her death. The court heard from a friend of Caldwell’s that Packer had become “obsessed” with her, following her and attempting to scare away her other clients.

Although a rape allegation was first made against Packer in 1990, the prosecutor advocate depute, Richard Goddard KC, told the jury that at that time police were “dismissive” of reports made by sex workers. He said it was a “tragedy” that sex workers felt forced to accept sexual assault as “part and parcel of their job”.

Another witness said Packer chose girls who were “young, vulnerable and on drugs”. Many of the women who gave witness statements were sex workers at the time and some have since died.

Packer – who denied all charges apart from one of a prior indecent assault against Caldwell, for which he admitted he was “ashamed” – gave evidence at the trial over three days, insisting he had not killed Caldwell and that the other women accusing him were either mistaken or liars.

He admitted taking sex workers to the woods where Caldwell’s body was found – but not to the same spot where she was found. Asked where he was on the night Caldwell disappeared, Packer told the court he could have been at work or walking his dogs.

The court had heard earlier from an expert that soil found in his van was a 97% match for earth at the spot where Caldwell was dumped.




Information about the police investigation that came to light during the trial raised significant questions about why it took so long to bring Packer to justice. He gave six statements to police between 2005 and 2007, but was not interviewed under caution as a suspect.

A decade later, concerns about the unsolved case were such that in 2015 the lord advocate ordered Police Scotland to re-investigate not only who killed Caldwell, but flaws in the original inquiry.

The original police investigation was focused on four Turkish men, who were charged with Caldwell’s murder in August 2007, but that case collapsed and the men were released.
 
Smith made it plain that Strathclyde police, the force that first investigated Caldwell’s murder before Scottish forces were merged into one force in 2013, had failed Packer’s victims.

“A significant number of women and girls who showed remarkable courage to speak up at that time also did not get the justice and support they needed and deserved from Strathclyde police,” she said.

“It is clear that further investigations should have been carried out into Emma’s murder following the initial inquiry in 2005. The lack of investigation until 2015 caused unnecessary distress to her family and all those women who had come forward to report sexual violence.”

Caldwell’s mother, Margaret, who has campaigned tenaciously for justice for her daughter, said she felt “betrayed” by the original police investigation and angry that it had taken so long for Packer to be brought to justice.

Her solicitor, Aamer Anwar, called for an inquiry into police failings, saying: “A toxic culture of misogyny and corruption meant the police failed so many women and girls who came forward to speak up against Packer.

“Instead of receiving justice and compassion, they were humiliated, dismissed and in some instances arrested, whilst the police gifted freedom to an evil predator to rape and rape again.”
 
Police face scrutiny after man found guilty of 2005 Emma Caldwell murder. By Libby Brooks.The Guardian, February 28, 2024.