Without Consent

by Frances Fyfield

  Epigraph

  ‘It is an offence for a man to rape a woman.

  A man commits rape if (a) he has unlawful sexual intercourse with a woman who at the time of the intercourse does not consent to it; and (b) at that time he knows that she does not consent to the intercourse, or is reckless as to whether she consents.’

  Contents

  Epigraph

  Prologue

  Chapter One

  Chapter Two

  Chapter Three

  Chapter Four

  Chapter Five

  Chapter Six

  Chapter Seven

  Chapter Eight

  Chapter Nine

  Chapter Ten

  Chapter Eleven

  Chapter Twelve

  Chapter Thirteen

  Chapter Fourteen

  About the Author

  Also by Frances Fyfield

  Copyright

  About the Publisher

  PROLOGUE

  Home was where the heart was.

  She smelt. Stank. The rank smell of perfume mixed with grass and sweat, city smells and those of harvest, soil beneath her fingernails. Shivering in the heat of the night with the jacket round her shoulders which she wanted to shake off although she needed it for warmth. Needed it, needed it, the lapels damp with saliva, and oh yes, there had been real tears in her eyes as she stumbled home. Look, we don’t have to do it this way, she’d said. We could do it nice and ordinary in your car; take me away from all this and I’m all yours, she’d said, and he’d laughed. A lovely laugh, he had, low and sexy and full of promise. Jesus. There was nothing to fear. But she had been so frightened, like now, feeling the air had been punched out of her. She could imagine the fingerprint bruises on her ribs. You’re perfect, he’d said; a few bruises won’t harm you. Bruises to the sternum where he’d held her down. They’ll fade soon, he’d said. I’ll make them in the shape of a flower.

  She heard footsteps coming down the stairs, imagined, accurately, a young man in carpet slippers coming down to put out the rubbish, closing the door quietly, knowing that what he did was important. Then she began to cry.

  Silence. Only a kind of semi-silence in this man’s room, high above the street. The slight vibration of anxious traffic but no voices.

  It was not enough for him, the ordinary way of doing anything, or so he told himself. Or maybe it was the humiliating fact that it was shameful and undignified to be so obsessed by anything at any time. Sex is not life, simply a part. For some, he supposed sex was a necessary release of tension, instead of this idle curiosity of his in which he could never admit that necessity ever played a part. Bearing in mind what women submitted themselves to all the time, he could not see that he did any harm.

  Such women. The shapes and sizes of them filled him with wonder; each body as unique as its own fingerprint, each set of reactions different, each set of needs and stimuli unquantifiable if broadly similar. The thought of so many of them blundering through life without anything amounting to satisfaction filled him with pity. He saw himself as a man who loved women and wished that they could understand and value themselves more, and also take themselves a little less seriously; appreciate a joke, perhaps. God knows, there had been enough jokes played on him to last a lifetime, and he was still smiling. In his view, a feminist was a person who considered it morally indefensible to cause pain to any woman; the object was to cause pleasure; there was no point otherwise. Of course, if the life were already so diminished, so beyond the prospect of pleasure, it might be as well to cause pleasure in the ending of it, but he was not sufficiently practised to consider himself in the role of God. One of these days, he might perfect the most poetic form of death. A sublime accident.

  You were born to make women happy, his own mother had told him. Also for the healing arts. Yours is a double vocation, my child. The ice clinked in the glass beside his desk. There were flowers in the vase, variegated carnations, rather sterile in their perfection, he thought. A box of chocolates. He sipped the drink reflectively. Alas, ice and lavender oil were not sufficient for every kind of burn. Nor were drink, pleasure and the exercise of power always sufficient antidote for life’s crueller reversals. So many of his ageing women acquaintances could have told him that.

  He pondered these and other matters in front of his computer. The blankness of the screen did not alarm him at all; it was hardly the same as facing an empty page with nothing better to do with himself. He could copy onto this space sections of alarming medical and legal text, although the latter, with all its Gothic splendour, always made him regret his choice of career. Medical science was not ennobling. In his experience, doctors were worse liars and rogues than their legal counterparts who tended to be at least more guarded in their promises.

  Physician, heal thyself.

  The vase holding the flowers was an artful sculpture of female genitalia. The broad base represented the uterus; the ridge at the base, by which he would lift it, the cervix, opening out realistically into a flower-like shape of the labia minora and labia majora. An artist’s slightly fanciful impression of the vulva, in other words. A frivolous creation which the girl who cleaned consistently and typically failed to recognize for what it was. He often found it helpful to explain anatomy if one began from the outside in. In actual life, as he knew, the labia closed with the tidiness of a bud, concealed beneath a convenient mound and carried round as normal by women who scarcely knew how any of the reproductive and sexual machinery worked. This polished wood structure was hardly a useful educational tool for hopeful men either, but it was warm to handle and looked, without the flowers, like a decorative candle holder.

  He could not explain why he was as he was or did as he did. The random development of his own tastes astounded him as much as the history of his life, but he felt saintly and worthy in comparison to some mindless procreator of the aggressively macho sort. He would never foist some unwanted, unsupportable, screaming child into the world; that indeed was a sin, raw and unadorned in its sheer wickedness. He nodded at the screen; the screen agreed.

  He smoothed his already smooth pate, tapped it with the middle finger of his right hand. He had his own rationality, that was all; along with the conventional overtones which were enough to show him he was not really mad in his entirely sane fear of retribution. His was the fear of an innocent man who can never really be understood.

  What was it they could ever say that he had done wrong? Nothing! And who would give evidence? No one? Nothing was done, my dears, without consent.

  He looked at his watch. It was not a distinguished implement but a type made by the million. Dark outside now, but still warm. His lovely little girl would be home. Fearless about the dark. Safe in the hands of a man who would never awaken her.

  Almost a soul mate. Not a friend.

  Almost a lover.

  CHAPTER ONE

  Listen, Bailey said.

  Once upon a time, there was a girl, going out.

  Dressing for the party, she had felt she was worth a million dollars. Somehow that phrase meant more than the sterling equivalent of the day – the last of her life as she had known it – and she might have been worth more. Coming down for a moment from the quarrel with her mother, the third this week, and putting a jacket over what her father called her itsy-bit skirt and the skimpy top, wearing it as if she would never part with it, rather than shed it as soon as she got there, she had a sudden surge of rebellious love for her repressive parents. They weren’t so bad, some of the time. For a brief moment, she knew that she was safe as houses, because she had this room to come back to and this number to call, although the only reason she was worth so much to herself was the fact that after three weeks’ diet, her waist was where she wanted and her ribs stuck out. N
ot a milligram of surplus flesh, although, if she ate as much as a bread roll, her stomach came out like a balloon. The answer was not to eat.

  ‘Bye, Mum. Bye, Dad …’

  ‘Let’s see you,’ he called. She stepped into the living room, pretending great haste even though she was early. The jacket was buttoned. She had on a prim little choker round her neck, which would go from throat to handbag before she had reached the end of the road. The make-up would go on in the bus.

  ‘Very nice,’ he said, reassuringly, thinking nothing of the kind. Why did this child have to look so fierce and why on earth was she so addicted to black? Why did she go about with that girl who was so much older and prettier? One quick peck on the cheek, given and received in an overpowering atmosphere of multilayered perfume, and she was off before Mother came out of the kitchen. Because Mother was harder to fool.

  Later on, when they picked her up after the police had called, she stank of booze. The itsy-bit skirt was torn and stained. The child whimpered, but did not hug; could not bear to touch. Her thighs were scored with scratches; there was detritus under her nails. She was scantily dressed; it was presumed she had been stripped prior to her foetal curl in the gutter where she was found. A few bruises.

  No knickers, no jacket. In the presence of her parents, she said she had lost them. That was all she uttered, apart from sobbing. Even after hours with a sympathetic woman in a nice little house with pictures on the wall.

  ‘Well?’

  Helen West, Prosecutor, sat on Bailey’s sofa, still listening. They did this sometimes, a kind of dress rehearsal for tomorrow’s challenges, both occasionally mourning the coincidence of their professions. Senior police officer, experienced crown prosecutor. It was not a relationship she would recommend, but she was stuck with it, like the fly which had fallen into her drink. Bailey had a creased face and a fine way of telling a story. He animated his narrative with verbal cartoons and embellished the whole thing with gestures, but as soon as he said, ‘Once upon a time’, she knew the story was going to be doctored with his own opinions and recounted in a style he would never use in front of a judge.

  ‘Drugs?’ She questioned crisply

  ‘Negligible, from her demeanour. I’d guess not.’

  ‘Booze?’

  ‘Plenty.’

  ‘Semen?’

  ‘Saliva, yes. Here and there; not there. Semen, no. Several abandoned condoms around, but a lovers’ trysting place. Bodily fluids also in the gutter. And no, she isn’t a virgin. Not quite.’

  ‘That’s not enough,’ Helen said.

  Bailey watched the graceful figure of his betrothed cross the broad expanse of his living room and thought of his ex-wife, for whom his traveller’s tales from the police force had always taken second place to what they should do with the bathroom in preparation for the first child. He might as well have been out to stud. Oh, silence, he told himself, don’t fall into clichés as if you were obliging someone on the psychiatrist’s consulting couch. That woman had her needs, you had yours, which coincided at the time and might still if the child had not died. A child who would be the same age, give or take a year or two, as the girl in the story. He found himself repeating, what a pity, the trite words hiding a multitude of sins. His stomach growled. The last year of his life had seen the development of an ulcer.

  ‘The way you tell it,’ Helen said, settling easily into the big fat settee he would never have possessed in his married life, ‘gives me all the clues to the verdict. Silly little seventeen-year-old goes out to party, as described to parents, to whom she lies habitually, about dress code, about everything. Goes shimmering in there, dressed in nothing.’ He was silent.

  ‘The bloke for whom she’s wearing all the glitz does not pitch. So she salves her disappointment by drinking a bit more and then a bit more and ends up in a scrum with a stranger. She doesn’t have the faintest idea what a half-naked, flirtatious girl risks.’

  ‘She wanted love.’

  ‘She had love, the silly little bitch. She wanted attention.’

  Helen took a sip of coffee. One bottle of wine in an evening was enough. He could continue, since it never seemed to affect him; she would not. There was a level of control in her he both admired and resented. She was a beautiful woman, after her own fashion. The kindest he had ever met, easily the most imaginative, the most elusive, the most measured. He wondered if she had agreed to marry him for the same hormonal reasons which had affected his wife. Helen was in her late thirties, about a decade his junior.

  ‘Her parents are howling for blood. They insist she was raped,’ he said. ‘Someone must hang, they say, namely the boy with whom she left. Spotty little oik, who says he tried to kiss her, but she shoved him and ran off. He says she had other fish to fry. Someone she was meeting; someone older.’

  ‘No case,’ Helen said. ‘Not even if she swore it was him. She could be a victim; she could be a cock-tease. Unless, of course, he caused the scratches. But I’d bet she did them herself.’

  ‘Right. Her own skin beneath her fingernails.’

  ‘And tomorrow, how come you have to explain to mum and dad why the evidence is insufficient?’

  ‘I don’t. Ryan does. He asked my advice on diplomacy.’

  She made a mocking gesture, using two fingers to point a gun at her head, and pulled a sympathetic face.

  The lovely Ryan was not always her favourite man. Bailey’s bag carrier when first they had met, progressing since then, onward and upward. Capable of being outrageous and treated by Bailey as the son he never had. There was a fidelity between the two of them she accepted, because she had no choice. Personally, she doubted Ryan deserved it but there it was: a mutual devotion without rhyme or reason just like any other kind of love.

  ‘Ah well, early night, then.’

  Bailey moved to sit beside her, put his arm round her shoulder and felt her rest against him, willingly. They were easier together since their decision to marry; she joked it had probably caused the ulcer, but it had altered something, although he was not sure how. In a moment, he would clear the last of the glasses and papers from the table. In Helen’s flat, litter remained at least until morning, perhaps the same weekday of the following week. One thing they had proved: compatibility need not involve a common domestic attitude.

  ‘Tell me, love, do you always regard this subject with such a bold and jaundiced eye?’

  ‘Do you mean sex cases? Rape? My current, almost exclusive stock-in-trade? Yes. But drunken teenagers don’t raise my heartbeat. Oh, I’m sorry for a kid like that; something happened to her, but you can’t make a case out of naïveté betrayed.’

  Would they make love tonight or not? The idea rarely lost its appeal, except when she was tired to her bones. Perhaps she would let it happen, perhaps not. If she did, would that be rape? The idea was laughable. Rape was the exertion of force; Bailey had enough power over her already, although she did her best not to let him know.

  He was sound asleep by the time she reached him.

  The night light was a pale darkness, glowing through the window. Bailey lived so high above the ground, there was no need for the curtains he despised. From the front windows of her basement flat, Helen could see the feet of people walking past, sometimes peering down, but at the back, there was nothing but the garden. She missed her home, especially the solitude of her garden, and then, when she was in it, she missed the light of Bailey’s vast attic. When they were married, they would live in exactly the same way.

  His sleep made her perversely sleepless. He would wake if she touched him and his sleep was the unfeigned unconsciousness of the just, the result perhaps of a pragmatism she could not share. He believed in fate, and telling himself that you could only do the best possible with what you were given. No ‘if onlys’ for Bailey. You did what you did, apologized if necessary, and then you slept. Soundly. Did he really want this marriage, or was it his version of courtesy? In Bailey’s eyes, a relationship as long as theirs would have to be honoured someho
w. Loving Bailey was one of the best things to happen in her life, but she had a mortal dread of being owned and knew she could still throw it all away. Out of fear.

  Failing to sleep opened the floodgates of all those things left undone or badly done. Cases swimming before her eyes. Visions of her previous married life, plus visions of all those odd and brutal couplings she read about on paper and which filled her waking hours with speculation, making her feel like a voyeur.

  They should not have been talking about rape before going to bed.

  Something had happened to that little girl. She wondered what it might have been.

  ‘All right,’ Aemon Connor said, in tones which combined both aggression and resignation. ‘That’s fine. That’s absolutely fine. If you don’t want to, that’s fine by me. You frigid little cow. Was a time you couldn’t have enough of it. Don’t worry about it. I can always get someone else.’

  Brigid whimpered in the darkness. He was refusing to hear it; he had listened long enough and conversation never cured anything. She complained it hurt; so, if it hurt, why couldn’t she use her imagination? He could tell her what hurt, all right, and that was a mammoth state of arousal with nowhere to go. She was his woman, remember; his wife, even; what a joke, when she just wouldn’t do it any more.

  He lay on his side, him fuming and her still snuffling, opening his mouth to speak. He could not stop talking.

  ‘I could get someone else tomorrow. And then where would you be?’

  There was a long silence, until he felt her fingers moving timidly to touch the back of his head.

  ‘Changed your mind, have you?’ he muttered. ‘Thought you would.’ Forcing himself inside was difficult enough, even without listening to the sounds she made or noticing the passive resistance which seemed second nature. The process was brief and noisy. He held her down by the shoulder and in the aftermath of climax fell into a deep and suffocating sleep. Later, having eased herself from under the bulk of his huge drowsy body, she felt for the marks of his hands and wished herself dead.