A Snellville man accused of kidnap and rape has gone on the offensive against the alleged victim, protraying her as unstable, his lover and claiming all sex was consensual.
The relationship between David Joseph Jansen, 46, and the Atlanta woman, 24, is the focus of an investigation by the Sevier County (Tenn) District Attorney's Office as they prepare for a July 17 court hearing.
Jansen, a software engineer, is trying to convince a judge to drop the charges, according to motions filed by his attorney in Sevier County court on Thursday. If he can't get the charges dropped, he would at least like his $800,000 bond reduced to $100,000, court documents show.
Jansen is out of the jail in Tennessee where the alleged rape took place but has made no public comment. His wife has filed for divorce and has a restraining order against him.
In court filings Thursday Jansen said he was the woman's boyfriend and that she asked him to bring rope, sex toys and massage oil on an out-of-town trip May 26 as part of a bondage fantasy.
Several hours later, he was in jail, charged with kidnapping and raping the woman.
The woman told investigators he abducted her as she was jogging in her Morningside neighborhood, tied her up and drove her to a cabin in the Smoky Mountains, where he raped her. A pizza deliveryman summoned police after seeing the bound woman request help.
Jansen told investigators the two were on a romantic getaway from their spouses and she had planned the whole escapade as part of a "bondage fantasy."
The woman has not returned multiple phone calls or e-mail. The Atlanta Journal-Constitution has a policy not to name alleged victims of sexual assault.
Motions filed Thursday by Jansen's attorney Donald A. Bosch claim an extramarital affair that started last year at Atlanta strip club Tattletale's, where the woman works as a dancer.
Jansen said he spent thousands of dollars at the club.
The two started off as friends and began "socializing," he said in court documents. They exchanged text messages and emails, the records show. During their relationship, Jansen also paid thousands of dollars for facial laser treatments for the woman, along with treating her to dinner, he alleges in the documents.
The relationship developed sexually, he alleged, and on April 9, she told him she was leaving her husband, also an employee at Tattletale's, Jansen said in his motion to the court..
The woman, who friends say posed in bondage photos, planned the May 26 trip, Jansen's attorney Bosch stated.
She instructed him to bring "rope, duct tape, knife (to cut off clothes), sex toys, massage oils, candle wax, Viagra or Levitra, raincoats, music, wine, snacks, drinks, extra clothing for her and old clothes belonging to Mr. Jansen that she could wear," the documents allege.
Jansen said he picked her up after exchanging text messages and drove to Gatlinburg, Tenn., where he had already booked a cabin using his own credit card, according to the cabin rental agency.
They stopped three times during the trip, he said, including once at a Sylva, N.C. gas station. Surveillance video, released by Jansen's attorney, shows the woman waited in the car for seven minutes while he was in the store.
In the court motion, Jansen and his attorney said, she "had ample opportunities to summon assistance from a large number of customers coming and going."
It was even the woman's idea to order pizza, Jansen said. She told him to order the food and have sex with her on the couch before the food arrived, according to Jansen.
She was tied up on that same couch when the pizza deliveryman spotted her silently mouthing to call 911.
A polygraph by a retired FBI agent indicated Jansen was truthful when he told police he did not kidnap and rape the woman.
"Up until his arrest on May 26, 2009, he was a successful and highly respected businessman in Georgia," Bosch wrote. "To be sure, his infidelity, for which has been publicly humiliated and sued for divorce, is not praiseworthy — but he is not a rapist or kidnapper."
Bosch also attempts to paint the woman as mentally unstable. The court filing includes the woman's two convictions for filing false assault reports, including one where she was sentenced to psychological treatment.
The woman pleaded guilty to filing a false rape report in Cherokee County in 2005 and a false stabbing report in Fannin County in 2006, police reports show.
Steven R. Hawkins, chief assistant district attorney in Sevier County has said the case is moving forward and the allegations will be discussed at the court hearing.
Jansen, who has no criminal history, remains in Tennessee working on his case, Bosch said.
"This firm and our investigators and associated counsel continue to discover information supporting Mr. Jansen's innocence and hope that the appropriate authorities will immediately reach the same conclusion that Mr. Jansen has violated no state or federal laws and accordingly dismiss his charges as soon as possible," Bosch said in a statement.
An old friend of the woman said Thursday that she has been married twice.
"She was a really quiet girl," said Amanda Crapps, who graduated with the woman from Early County High School in Blakely. The woman had a hardscrabble upbringing but dreamed big.
"She always had high hopes," Crapps said.
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