"An individual known as Brigitte Fell had a sexual relationship with one Garrick Jacobson without informing him that he had undergone a sex change? Mr Jacobson was deliberately deceived into believing that Mr Fell was a woman.
Section 61 (I) of the Crimes Act, is quite clear that a person commits the offence of sexual assault if one engages in sexual activity without informed consent. Informed consent in this case was not obtained because, pursuant to 61 HA Part 5 (a) of the Act, Mr Jacobson was under the “mistaken belief as to the identity of the other person", , Rev Nile stated.
"I’m surprised that to my knowledge, Mr Jacobson was not informed of this, nor was he offered any support or counselling. Whilst some may argue that these events were merely the result of a gross error of judgement on Mr Jacobson’s part, they do not absolve our responsibilities toward him. This is why we have this legislation, to protect all vulnerable members of the public regardless of age or gender, any perceived physical, mental or emotional weakness, impairment of judgement or degree of coherence.
The Police have a civic and moral duty to protect the public from such crime. Constables Stacey and Ritson should be exonerated," stated Rev Nile.