New Zealand

Musician raped women while they slept, Crown tells court

06:57 am on 11 October 2022

Warning - This article discusses details of rape and sexual assault

Wellington District Court Photo: RNZ / Rebekah Parsons-King

A woman has described the moment she was woken and subjected to a violent rape by a musician who is on trial at the Wellington District Court.

The woman gave evidence yesterday in court, where the 25-year-old man denied eight charges, including sexual violation and indecent assault.

The charges relate to a three-year period up to 2020 and involve six complainants. His trial began yesterday.

The Crown said the young women were all drunk or asleep and awoke to the defendant having sex with them.

Prosecutor Kate Feltham said the offending happened after the defendant, complainants and friends had returned to flats or family homes after partying.

"The Crown case is that on each occasion, the defendant has taken advantage of the complainant, who at the time was either asleep or affected by alcohol," she said.

Feltham described how the mother of a complainant had made up beds in the lounge for a group of young people to stay after a party elsewhere.

The defendant was among them, but later got into the complainant's bed.

The complainant described it in a pre-recorded evidential interview screened to the court.

"I was passed out in bed and the next thing I know he is having sex with me.

"It was painful, I'm sure I was bleeding, he was quite forceful and kind of violent.

"I didn't sleep afterwards."

Defence lawyer Val Nisbet said in all the incidents the sex was consensual, or his client was not involved at all.

The man was part of a scene of young people who partied hard, and the jury needed to keep an open mind, Nisbet said.

"Sometimes they may regret those choices, but this is not trial about lifestyle choices.

"It is alleging deliberate and intended criminal acts.

"That, members of the jury, is not the case here."

The Crown said in one incident, a woman woke to the accused holding her arms above her head and having sex with her.

In another it was alleged the complainant was asleep with her boyfriend - who was awake - when the defendant entered the room and started touching her.

Feltham said the boyfriend then left the room and the man then had sex with her.

"He then pulled her on top of him and continued to have sexual intercourse with her.

"At that point she looked down and realised that it was the defendant that was actually having sex with her."

Nisbet said the jury would find that witnesses and complaints' memories would fail and the evidence would point in different directions.

Judge Becroft began the day warning jurors there had been significant news and social media on the case at the time it came to light, and to only focus on the evidence given in court.

"I know most of us are used to checking things on the internet as part of our daily routine, and we're all used to googling things when we have a query.

"Well, Mr. Google has no part in this trial.

"It's the evidence that you hear and that's presented in court, that is all you can consider."

About 19 witnesses will appear before the court, with the case expected to last until Tuesday next week.

Where to get help:

Sexual Violence

NZ Police

Victim Support 0800 842 846

Rape Crisis 0800 88 33 00

Rape Prevention Education

Empowerment Trust

HELP Call 24/7 (Auckland): 09 623 1700, (Wellington): 04 801 6655 - push 0 at the menu

Safe to talk: a 24/7 confidential helpline for survivors, support people and those with harmful sexual behaviour: 0800044334

Male Survivors Aotearoa

Survivors Network of those Abused by Priests (SNAP) 022 344 0496

If it is an emergency and you feel like you or someone else is at risk, call 111.