X Factor girl who made false rape claim against her ex-fiance walks free from court



Vengeful: Capon had earlier accused Mr Tysoe of kissing another woman

A woman who auditioned for the X Factor has walked free from court after crying rape against her former fiance.



Gemma Capon invented the allegation after she and Graham Tysoe's turbulent six-month relationship came to an end.

The 20-year-old, who has twice auditioned for the hit ITV show, told detectives he forced his way into their home and attacked her on the living room sofa.

Mr Tysoe, also 20, was arrested in front of colleagues at the pub where he works as a chef and held for almost 24 hours.

He was interviewed, had his DNA, fingerprints and mugshot taken and was subjected to intrusive forensic examinations.

When police confronted Capon with discrepancies in her story a day later she confessed that she had made it all up and was charged with wasting police time.

District Judge Tim Daber said her behaviour had undermined the 'credibility' of genuine complaints.

Yet, instead of a six-month maximum jail term, Capon was given a 12-week suspended sentence and ordered to pay £95 costs.

Mr Tysoe's mother, Sharon, a 42-year-old staff nurse, said: 'I'm livid. She should never have got away with it.

'It was vicious and vindictive and the sentence has made a mockery of the justice system. It sends the message that false accusers can get away with it.'

Mr Tysoe started dating Capon in November last year. They had known each other from school but lost touch before being reunited over the internet, Southend Magistrates' Court heard.

Falsely accused: Graham Tysoe was arrested in his workplace



On New Year's Eve, after a whirlwind romance, Mr Tysoe proposed.

But in April the relationship faltered after Capon falsely accused him of kissing another woman.

He told her that he had been on 'a boys' night out' and had air-kissed a friend who was helping plan a surprise engagement party. Within weeks the couple had split up.

At the beginning of June Mr Tysoe returned to the flat they shared in Shoeburyness, Essex, to collect his belongings.

But days later he was arrested on suspicion of rape.

Capon, who has twice auditioned for X Factor, accused him of barging in and raping her on the sofa.

'I was arrested at work in front of colleagues and customers. It was humiliating,' said Mr Tysoe.

'I thought, "Oh god, no, this can't be happening".

'I thought I was going to be locked up for something I didn't do. I just kept thinking, "What's going to happen to me?".'

Mr Tysoe, who had an alibi, was released on bail and later that day Capon, a fast-food waitress, admitted lying to the police.

Officers spent 156 hours investigating the false claims, the court was told.

Alan Hurst, mitigating, said his client was 'genuinely sorry'.

After the hearing, Mr Tysoe said: 'I hate her. I don't think she realises what she's done.'