A woman jailed for allegedly duping her friend into believing she was a man and having sex with her using a prosthetic penis has had her conviction quashed.
Ex-private schoolgirl 26-year-old Gayle Newland is being released on bail pending a retrial after three Court of Appeal judges reviewed the conviction.
She was jailed for eight years after being convicted of three counts of sexual assault at Chester Crown Court and sentenced by Judge Roger Dutton in November.
Watching the proceedings by videolink she broke down in tears, held her head in her hands and then wiped away the tears as she was told she would be released.
Lady Justice Hallett, sitting with Mr Justice King and Mr Justice Dove, said they made the decision ‘with a heavy heart’, as it means the victim will have to go through the ordeal of another trial.
She imposed reporting restrictions on the rest of the judgment pending the retrial, and made it clear that the alleged victim must not be named or identified in any way.
Jurors at Chester Crown Court previously heard how Newland took on an alter-ego, ‘Kye Fortune’, and disguised her gender.
Newland, a marketing manager from Willaston, Neston, claimed that her accuser always knew she was a woman, and that her disguise was part of a sex game.
After creating a Facebook profile, Newland was said to have taken on the persona of Kye.
Newland created the character of Fortune when she was 13 because she found it difficult to speak to girls in real life.
By the age of 15 or 16, she went on to develop a Facebook profile of ‘half-Filipino, half-Latino’ Fortune by downloading photographs from an American man’s Myspace page.
Kye and Newland, a former University of Chester student, shared the same birth date and both liked RnB music and ‘chick flicks’ on their social media profiles.
CREDIT: DAILY MAIL