She would become a pivotal figure in battles over consent, identity, and deception when she went on trial in September 2015. She has been charged with sexual assault by deception.
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Allegedly, she used an online persona, Kye Fortune, to seduce another woman into a sexual relationship. What made this relationship unique was its innovative approach to the arts. It even covered what to do with a blindfold and prosthetic penis in the bedroom.
None of Newland’s actions were justified, and he was subsequently convicted of three counts of sexual assault. After being convicted in 2015, she was given a retrial in 2017 during which the jury upheld the original conviction. Her case was judged by the McNally principle, which says that any lie relating to gender is enough to make consent void. After being convicted Newland served six years in prison and was registered as a sex offenders’ register.
The creation of Newland’s superhero alter ego as Kye Fortune goes back to her adolescence. In building this largely online identity, she was able to express her identity when she could not in real life. It didn’t help that Newland had never identified as transgender. At the time of her retrial, she had been diagnosed with gender dysphoria, which complexified her case even further.
That the chain of events which led to the police report was not because Kye’s true identity was revealed. A challenge emerged when Newland stated that she wanted to come out to her parents about her sexual orientation. It would become one of the first moments that shifted the entire narrative. It even resulted in legal action from her long-time partner, referred to as Miss X.
Izabella Scott, a writer and social critic focused on feminist issues, was drawn in by the sensationalist media coverage of Newland’s trial. She saw it as a physical representation of themes found in literature focusing on identity and masquerade. Scott’s nuanced, largely interior approach to the subject allowed him to walk the line between the camps that fought the war in Newland’s story.
At one point during her trial, Newland attended court in a woolly hat and bodysuit. She argued that these decisions were all required due to her medical conditions. Under questioning, she maintained that the hat protected her cracked skull. Further, she contended that the bodysuit was necessary to stabilize wires leading to her compromised heart. On to the second point, she wore a swimsuit under her clothes, something that’s fairly common among those who experience gender dysphoria.
The case against Newland played out in a larger climate of growing convictions for what has been labeled “gender fraud.” Her case is just one of many this year raising national awareness around the fine lines of consent. It further opens a crucial discussion about the effect of gender identity on sexual interactions.