Judge's rapist son George Fay released from jail and kicked out of US for good

The rapist son of an appeals court judge convicted in New York has been kicked out of the US after being freed. George Fay has been banned from ever returning to the States after serving eight years behind bars over the attack on a university student as she slept. The London-born, 32-year-old man was handed over to immigration officials earlier this month before being deported back to his family, who have homes in the Channel Islands and the British Virgin Islands. In February 2018, a jury found him guilty on all three counts of rape, sex abuse, and a criminal sexual act on a victim who was “physically incapable” of consenting. As he was led away, his mother, Sofia Fay, attempted to stand and speak with her son but was stopped by court officers. She blew him a kiss as he was led out of the courtroom, and collapsed onto a bench in the gallery, muttering “Jesus Christ.” Now, according to New York prison records, Fay was released on September 4. His official status is listed as “Conditional Release to Immigration”. It means he was granted parole, but the release was conditional on being handed straight over to immigration authorities (ICE), rather than being freed into the community. He was released from the Otisville Correctional Facility in Orange County, New York, where he had been transferred from the Wallkill Correctional Facility. Following his conviction, Fay and his lawyers had demanded a new trial, claiming his attack was "a mutual misunderstanding”. They argued that a key expert witness for the defence was wrongly prevented from testifying in support of the 26-year-old. Fay's attorneys argued that had sleep expert Dr Michael Thorpe been allowed to appear, it could have cleared him. In documents submitted to New York's Southern District, lawyers stated: "As the facts demonstrate, petitioner (Fay) had every reason to believe that the complainant (his victim) was initiating intimacies with him, which, in his own drunken state, he obviously misinterpreted. The jury, however, obviously did not credit petitioner's testimony. "But had it been made privy to what the expert had to say - that an extremely intoxicated person, such as the complainant, could believe herself to be asleep while appearing to another to be awake - it could have only bolstered petitioner's credibility. What could possibly have been more relevant to petitioner's credibility?" During his trial, jurors were told Fay attacked the then 20-year-old after a night of drinking and smoking cannabis. She said she'd awoken in his luxury Manhattan apartment following a night of sex with his best pal Charles Slye, who was her boyfriend, to find Fay attacking her. Fay's defence team argued the victim "in her fatigued and intoxicated state" mistook her attacker for Slye, which is why she returned his kisses and had sex with him in July 2016. After the prosecution interviewed Dr Thorpe ahead of Fay's trial, they successfully prevented him from giving evidence. The Brit's lawyers claimed the "expert testimony offered would have supported the petitioner's innocence by demonstrating that he had not intended to take advantage of an apparently sleeping complainant who he believed had been awake". It added: "It is claimed that a mutual misunderstanding existed. "Thus, expert testimony would have bolstered petitioner's own perception and given plausibility to his testimony as consistent with his understanding." He is the eldest son of Judge Michael Fay, who was made King’s Counsel in 2013, appointed as a Deputy High Court Judge of the Eastern Caribbean Supreme Court in 2011, and as a Deputy Court of Appeal Judge in 2017. His mother is a public relations executive for a yacht company. Before Fay’s release, his parents had applied to have their son serve his sentence in the British Virgin Islands, where they have an estate.