Rape complainant Alex McPhail goes public, speaks about impact of sexual relationship with detective Luke Fazackerley

Alex McPhail speaks about the impact of an intimate relationship with a detective who had investigated her rape complaint. It comes as the IPCA reopens an inquiry into the case following Herald reporting.

“I’m not ashamed of being a rape survivor, and I’m not ashamed that I was taken advantage of by a detective investigating my case.”

The shame, 24-year-old flight attendant Alex McPhail says, is not hers to carry.

“I want to come up with my name publicly now because I was brave enough at 12 years old to speak up about being sexually abused, and I was told that I just had to endure that abuse.”

Looking back, she feels proud of her little self but wants to live in a world where women are believed.

“I’m inspired to speak up now for me and for little her and any other woman who has experienced any kind of sexual harm. I have to be the change that I want to see in the world.”

Alex McPhail wants to live in a world where women are believed. Photo / Dean Purcell

Earlier this month, the Herald revealed Detective Luke Fazackerley had his job offer with Queensland Police withdrawn while a complaint that he had a sexual relationship with a rape complainant whose case he had managed was investigated.

At the time, the Independent Police Conduct Authority (IPCA) told McPhail police said the matter had already been addressed by an employment process.

“The authority considers this an appropriate response to your complaint and will not take any further action.”

Christchurch detective Luke Fazackerley is accused of having an intimate relationship with a woman he met when she reported being raped to police.

Following Herald reporting, the IPCA has reopened her complaint against the detective.

In an email to McPhail, IPCA resolutions manager Cath Anyan said: “In light of your comments about the employment process, we have reopened your complaint and sought information from police about the employment process and the decision-making.

“Once we have received and considered the information from police we will consider what action, if any, we need to take.”

Police declined to comment for this story and Fazackerley earlier declined to comment.

McPhail felt empowered by the decision to reopen the case.

She felt it held police accountable for dropping the ball when it came to helping and protecting her.

Alex McPhail is speaking out for her younger self and other victims of sexual violence. Photo / Dean Purcell

“If they had dealt with it properly, if they had taken it seriously and helped me, I wouldn’t have gone through half of what I’ve gone through because of an officer they employed.

“They need to accept that there is a huge issue with the police officers and sexual misconduct and relationships with victims. It seems that they’re okay with police officers taking advantage of vulnerable people.”

She believed a detective who had a sexual relationship with a rape complainant they met in a work capacity should be immediately dismissed.

Fazackerley and McPhail met when she reported being raped to police. She alleged they met up to have sex as soon as he stopped managing her case.

She was 22 at the time and he was 30.

The pair are no longer in a relationship and McPhail now believes he should not be working with complainants.

“It really scares me to think of another woman in my position.”

She reported his conduct earlier this year to New Zealand Police, the IPCA and the Queensland Police Service, whom Fazackerley was due to start working for later this year.

Canterbury District Commander Superintendent Tony Hill earlier confirmed an employment process was completed after a conflict of interest was identified and the code-of-conduct rules were addressed with the detective.

The New Zealand Police code of conduct states staff must not enter into a sexual or intimate relationship with someone they met in a professional capacity, if an imbalance of power exists or if that person is vulnerable.

Sexual abuse support foundation Help’s executive director Kathryn McPhillips said it was unacceptable for detectives to have sexual relationships with survivors whose case they had managed.

“Our understanding is that police as a group and organisation holds that view as well, so it’s pretty clear that it’s not an acceptable thing to do,” McPhillips said.

She welcomed the decision to reopen the complaint against Fazackerley.

“It indicates the seriousness with which it’s being viewed, so we would see that is a good thing.”

McPhillips thanked McPhail for her bravery in coming forward about what had happened to her.

“It’s not easy, it takes a lot of bravery to put yourself out there to make that complaint and to go public with who you are, so [I] really just want to support that bravery and courage that she’s shown to do that.”

As a usually private person, McPhail said sharing her story was terrifying, but empowering.

“To share these intimate details of not only what’s happened with the detective, but also just being a rape victim as well, it’s extremely vulnerable and at the same time in that vulnerability, I found so much strength that I didn’t know I had.

“It is much larger than just what’s happened to me and just what this detective has done. It grew so much bigger when I realised that it’s not just an issue between two people, it’s an issue with the New Zealand Police and how they hold their officers accountable.”

Katie Harris is an Auckland-based journalist who covers issues including sexual assault, workplace misconduct, media, crime and justice. She joined the Herald in 2020.

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