Did Pizza Deliveryman Stumble on Rape or Consensual Bondage?

Pizza bondageABC News Photo Illustration
David Jansen was arrested on rape and kidnapping charges after a pizza deliveryman saw a woman tied up in a remote Tennessee cabin while delivering Jansen's order. The woman has a history of false rape claims.

A Tennessee pizza deliveryman who found a woman bound by rope in a remote cabin in the Smoky Mountains thought he was saving her life when he called authorities after she mouthed "Call 911."

Pizza man Chris Turner was declared a hero after cops arrested David Jansen, a married father of two, for allegedly kidnapping and raping the bound woman, dismissing Jansen's claims that the two were simply on a kinky getaway.

But police investigating the case have since determined that the alleged victim has a history of making false reports of rape and being stabbed, and are now trying to determine what actually happened in the cabin in Sevier County, Tenn.

Jansen, meanwhile, had to post an $800,000 bond to get out of jail and his wife of 24 years has filed for divorce, taking their two children into hiding with her.

When asked about the previous false reports, Sevier County Sheriff's Department Capt. Jeff McCarter said, "We're investigating all aspects of the case."

Jansen's lawyer Don Bosch released a statement saying they are aware of the woman's past convictions and other "highly unusual facts surrounding these allegations."

Maj. Ron Hunton of the Cherokee County Sheriff's Department, about 30 miles north of Atlanta, said his officers arrested the woman in 2005 for falsely claiming to have been raped by two Hispanic men.

Hunton cautioned, however, "Just because they filed a false report in the past doesn't mean they can't be a victim now."

Turner, who worked for Capelli's Pizza & Subs, told ABCNews.com that he initially didn't know what to think when he delivered the large supreme pizza, 10 hot wings and four bottles of 20-ounce soda to the cabin.

Turner, 32, said he saw the woman, whose name is not being released due to her accusation of sexual assault, laying on the couch when he asked Jansen to sign the credit card slip for the purchase.

The woman, on her back with her wrists tied, lifted herself up to look at Turner, he said, and mouthed "Call 911."

"I really didn't know to believe her at first," Turner said, adding that she was fully clothed and he at first thought he had stumbled onto a couple simply having a sexual encounter. "She really didn't look like she was in distress."

Turner said he mouthed back to the woman, asking if she was "for real" and decided she was serious after she rolled her eyes back at him.

Turner said he tried to play it cool with Jansen, then hopped back into the car where his wife was waiting and had her drive to the nearest neighbor's house to call 911 since his cell phone didn't get service in that part of the mountains.

"I was pale white and numb all over," he said. "I just told her to go."

Rape or Kinky Affair?

Deputies described the woman as drowsy when they roused her from under a blanket, but didn't smell or see any alcohol. Since she was bound at the hands and feet, deputies put Jansen in handcuffs for their safety, according to the report.

Deputies initially believed Jansen's story that the two knew each other through a club that the woman owned with her husband and that they had discussed the bondage, but began doubting his account after speaking with the woman, according to police reports.

According to the woman's account to police in the report, Jansen pulled up next to her while she was jogging and asked her to come look at his new car. The woman told police she sat down but Jansen then tied her hands down with what she described as "pre-made restraints of rope," according to the report.

The woman told police that Jansen locked her cell phone in the trunk and, once at the cabin, he made her take medication from a paper towel before he cut her clothes off and raped her twice, the documents state.

Deputies reported finding clothing in the bedroom and bathroom that appeared to have been cut or ripped. The report states that deputies found rope tied to the headboard and footboard of the bed and that the woman had a small scrape and a scratch on her face.

The car Jansen used, according to the police report, was a rental that had rope tied around the headrest on the passenger seat.

Jansen was charged with aggravated kidnapping and aggravated rape. He was released after posting $800,000 bond, according to McCarter.

But Georgia police said the woman has a history with law enforcement, including two prior claims of rape that were later determined to be false.

False Claims About Rapes, Stabbing Shed Doubt on Accuser

Hunton told ABCNews.com that the woman twice called police in August 2005, saying she had been kidnapped from her apartment by two Hispanic men and taken behind a Kohl's store and raped.

"Once her story quickly unraveled, the short version is the evidence didn't match what she was saying," Hunton said. "She eventually admitted that she made the allegation up."

Hunton said she pleaded guilty and was sentenced to probation and community service.

The woman could not be reached by phone or e-mail by ABCNews.com.

But while investigating the woman's story, Hunton said they turned up an arrest from Henry County in 2004 where she had made very similar claims that turned out to be false -- that she was kidnapped and raped by Hispanic men. Hunton said she was never charged in that incident.

And in Fannin County, Hunton said the woman pleaded guilty to another count of making a false report after claiming she had been stabbed.

In addition to the false claims, Hunton said she has been involved in numerous other calls to 911 in Cherokee County alone, including asking for an ambulance for an unkown illness and a suicide call in December 2005.

Bosch said in his statement, "We are preparing a motion for filing that will address this and a number of other relevant issues related to our client's bond status and innocence."

'Not the Person She Knew'

Guilty or innocent, the ordeal has taken a toll on more than Jansen and his accuser.

On Friday, the day after Jansen was released from jail, his wife of 24 years filed for divorce and has taken their adult children into hiding.

Christy Jansen's attorney, Margaret Washburn, told ABCNews.com that the divorce filing was a direct result of her husband's arrest.

"She said this was just not the person she knew," Washburn said, adding that before the trip to the cabin, Jansen had told his wife he was going on a business trip, and told his office that he was away for a family vacation. "Consensual or not, rape or not, he's still out with another woman."

Washburn said the couple had been dating since they were 13-year-old middle schoolers and had a daughter, 18, who just graduated from high school and a 22-year-old son.

Washburn said Jansen had been diagnosed with a lung disease several years ago and that Christy Jansen was determined to take care of him.

"This was not the reward she expected to get," Washburn said, adding that she had gone with her children "to a safer location" until she figures out what exactly is going on.

Christy Jensen, Washburn said, had started to notice a change in the last four or five years, as her husband became more secretive on his cell phone, more withdrawn and started spending long periods of time away from the house.

Now, Washburn, said, Jansen doesn't know who to believe -- her husband's proclamation of innocence or his accuser's violent story.

"If anybody's a victim in this," Washburn said of her client, "she for damn sure is."