Philip Queree was acquitted on January 4, 2018 by an appeals court in Jersey of indecent assault for touching his partner’s breasts during consensual sex. The appeals court ruled the prosecution’s evidence failed to prove Queree committed a crime.
Queree and the woman, identified in court documents as Miss X, met on August 18, 2016 using the Tinder mobile phone dating app.* They both lived in Jersey, a small country of about 100,000 people that is located on the largest Channel Island between England and France. English is the predominant language in Jersey, which is allied with the United Kingdom, and its legal system is based on English law.
Two days after their first date, they had their second date. At the end of it Miss X agreed to have sex with Queree at her apartment. At some point during their lovemaking Miss X became offended by the way Queree was touching her breasts.
After Queree left the next morning, he didn’t contact Miss X to meet with her again.
Miss X then had conversations with a female friend, her mom, and female co-workers about her sexual encounter with Queree. After talking with all people, Miss X went to the police and complained that Queree had grabbed her breasts during consensual sex. She said he continued to touch her after she told him he was squeezing too hard.
Queree was charged with indecent assault: a felony punishable by up to two years in prison.
The prosecution’s case during Queree’s bench trial in August 2017 was based on the testimony of Miss X.
She testified that she consented to have sex with Queree at her residence at the end of their second date. She said that during their lovemaking he began grabbing her breasts “really hard.” She also testified: “Having my breasts grabbed to me that is not normal behavior.” She said that after Queree began touching her breasts she asked him to be more gentle, but she wanted to continue having sexual intercourse with him.
She said that after she took a shower she showed Queree her left breast that had a “mark” on it. Queree was getting dressed to leave, and she said she told him she “wanted to talk about it.” Instead of talking with her, Queree said “I need to go now,” and left. Miss X said she didn’t need to go to a doctor after her sexual encounter with Queree.
In his defense, Queree testified Miss X asked him to be more gentle in touching her breasts during their “vigorous sex making,” but she didn’t ask him to stop.
The prosecutor argued that Queree committed indecent assault because during sex Miss X withdrew consent for him to touch her breasts which are “sexual,” but he continued to touch them.
After Queree’s two-day trial in the “She said, He said” case, Magistrate Bridget Shaw found Queree guilty. She stated in her written ruling: “Irrespective of her consent to other sexual conduct, I am sure that the touching was in circumstances of indecency and thus Queree is guilty of indecent assault.”
During Queree’s sentencing hearing on October 9, 2017 his lawyer David Steenson argued for leniency, telling Magistrate Shaw” “His life has gone from being an extremely promising one, from being a doctor, to being unemployed. Queree is in a parlous financial state, as he does not have a job. He has no savings. He has, essentially, been an academic most of his life… going forward, he has little chance of getting work in the medical field as a result of this conviction.”
Magistrate Shaw was unmoved in her opinion that Queree committed a crime when he touched Miss X’s breasts during their consensual sexual encounter. She said, “This was a serious sexual assault.” Shaw sentenced Queree to serve 180 hours of community service; pay £2,000 (US$2,630) towards his prosecution costs; register as a sex offender for five years because “I am concerned that you pose a risk of sexual harm to others”; and, he was barred by a restraining order from contacting Miss X for five years — although no evidence was presented he had attempted to contact her after their sexual encounter.
The 36-year-old Queree was a third-year medical student at King’s College medical school in London, but after his conviction he had to drop out. His conviction and sentence prevented him from proceeding with his medical career.
Queree appealed his conviction and sentence.
During the appeal hearing held on January 4, 2018, Steenson argued Magistrate Shaw erred in finding Queree guilty on the basis he touched Miss X’s breasts, because: “Her [Miss X’s] complaints to the defendant did not amount to a complete prohibition of touching her breasts. She was demanding he was more gentle with her not that he wouldn’t touch her breasts at all.”
After hearing the arguments, the Royal Court of Jersey issued an oral order on the 4th setting-aside Queree’s conviction and ordering dismissal of his case on the basis the prosecution introduced insufficient evidence to prove he committed indecent assault Miss X. The Court stated the assessment of the prosecution’s evidence by the “Magistrate went wrong in a material way.” The Court stated it will publish its written ruling at a later date.
Queree should be able to resume his medical career with the overturning of his conviction and the dismissal of the charge against him.
There were several interesting comments on RT.com about Queree’s case:
- 😮 — “So next time you have sex make sure you have a contract signed with all her sexual parts and pressure diagram well layed out, also make sure to have your lawyer in the room and have video evidence, that’s how bad the west has gotten.”
- LampShade — “You take your chances hooking up with Tinder girls. Most of them are damaged goods with personality disorders. The sex might be great but you could end up in all kinds of trouble.”
Magistrate Bridget Shaw’s inexplicable finding that Philip Queree was guilty of indecent assault for touching Miss X’s breast during vigorous sex that she wanted, is part of a pattern of her unjudicious behavior. Shaw is notorious on Jersey for making rulings inconsistent with the evidence in a case. Click here to read “Delving Into The Mind Of A Maniac Magistrate”, a Jersey blog about Magistrate Bridget Shaw. One person commented, “… its quite easy to presume that the power has gone to her head …and she has acted like a psychopath in particular miscarriages of justice.”
* (Jersey has non-disclosure of a sex crime victim’s name.)