A woman jailed after being accused of impersonating a man in order to trick her female friend into having sex using a prosthetic penis, has won a challenge against her conviction.
Gayle Newland was jailed for eight years at Chester Crown Court last year, where she was convicted of three counts of sexual assault.
London’s Court of Appeal found Newland’s conviction in November to be unsafe and she will now face a re-trial. The 26-year-old has been released on bail.
Newland, who watched proceedings via video link from prison, wept as Lady Justice Hallett, sitting with Mr Justice King and Mr Justice Dove, announced their decision.
The appeal judges allowed her appeal and quashed her conviction following criticism of the trial judge’s summing up.
Newland, who went by the name ‘Kye Fortune’, disguised her appearance and voice as she demanded the other woman put on a blindfold when meeting up.
She pretended she was recovering from a brain tumour and did not want her female friend to see the scars.
The pair had sex about 10 times over a period of two years until the complainant ripped off her mask and in disbelief saw Newland wearing a prosthetic penis, the trial heard.
Newland, from Willaston, Cheshire, claimed her accuser always knew she was pretending to be a man as they engaged in role play while struggling with their sexuality.