8 May 2019

Man charged with rape says he doesn't remember having sex

1:25 pm on 8 May 2019

One of two men charged with raping a woman in a Napier motel has told a jury that he did not remember having sex with her that night.

New Zealand Coat of Arms

Photo: RNZ / Claire Eastham-Farrelly

Joshua Pauling, 30, and Jason Trembath, 29, are on trial at the Napier District Court accused of raping the woman in 2017, before Mr Trembath posted an explicit image of a sexual act on their cricket team's Facebook page.

The jury heard the woman was heavily intoxicated and had no idea she had been the victim of a sexual assault until police showed her the photograph three months later.

Under cross examination, Mr Pauling denied having sex, saying he could not recall it.

But he told the jury he was certain "100 per cent she was consenting" to other sexual activity that night.

Crown prosecutor Steve Manning said Mr Pauling's statement was inconsistent.

"You remember 100 percent that she was consenting but at the same time you can't remember whether you had sex with her? That's a little inconsistent isn't it?" Mr Manning asked.

Mr Pauling, who had previously told police during a videotaped interview that he did have sex with her that night, admitted it did appear that way.

He also denied inviting Mr Trembath to the hotel room sometime after midnight, saying the invitation was extended by the woman.

When questioned by the Crown why he would allow his friend to join them, Mr Pauling said it was because the woman allowed it and they were all "willing participants in a threesome".

Mr Pauling denied accusations by Crown prosecutor Steve Manning that the only reason he allowed Mr Trembath into the room was because the woman was unconscious and he "wanted to take advantage" of that.

He also denied having any knowledge of the photo being taken by Mr Trembath.

Judge Geoff Rea asked Mr Pauling why the photo, which depicted him straddling the woman, was taken in the first place.

"What was the purpose of presenting like this if there was no camera?," he asked.

"Because we were having fun," Mr Pauling responded.

Mr Trembath has admitted making and being party to an intimate visual recording.

Mr Pauling has denied that charge.

The trial continues.