13 Feb 2017

Rape-accused gave teenaged girl P, says Crown

4:48 pm on 13 February 2017

A man accused of raping a 16-year-old told her he would have sex with her, with or without her permission, a jury has heard.

High Court in Wellington generic, 2 Molesworth St, Pipitea, Wellington 6011

The High Court in Wellington Photo: RNZ / Aaron Smale

Tristan Tamati, 40, is on trial in the High Court in Wellington on 12 charges including sexual violation and threatening to kill.

Crown prosecutor Kate Feltham told the jury the charges related to events over two weeks in January last year.

She said Mr Tamati befriended the complainant on Facebook.

On 7 January they travelled to Paraparaumu, where he was doing a tattoo job. She said they smoked methamphetamine and spent the night at the house.

Ms Feltham said Mr Tamati forced the girl to perform sex acts.

"He held her down and said he was going to continue with or without her permission because in the bedroom 'he was the boss'."

Ms Feltham said the girl cried and the defendant stopped when he heard voices from elsewhere in the house.

She said later the next afternoon the girl fell asleep on the bed fully dressed and, later on, Mr Tamati raped her.

The girl resisted and cried and he eventually stopped, she said.

Ms Feltham said over the next few days Mr Tamati contacted the complainant on Facebook several times. She responded to his messages because she was concerned he would tell her parents she smoked methamphetamine.

On 11 February, the girl contacted Mr Tamati because she was having problems at home.

He said he would "bring her some crack" and they went to Paraparaumu again.

She told him she just wanted to be mates.

He pushed her around, grabbed her throat and told her "she wouldn't make it out of the room alive".

The girl later told a relative what had happened and made a complaint to police.

Defence lawyer Geoff Fulton said his client believed the sexual encounters were consensual and he had not held the girl against her will.

"He disputes that she was detained in such a way that she couldn't go. [He] may have discouraged her because there were no trains."