The 25-year-old man who has name suppression appeared in the Wellington District Court today. Photo: RNZ / Richard Tindiller
Warning - This article discusses details of rape and sexual assault
A court has been told a Wellington musician on trial for sexual assault offences raped a number of women who were asleep or drunk, but he denies all charges.
The 25-year-old, who has name suppression, is facing eight charges in total from six complainants.
Six are for sexual violation - four of rape and two of unlawful sexual connection - and two separate charges of indecent assault, all of which allegedly occurred in the wider Wellington region between 2017 and 2020.
The defendant was arrested in 2020 and elected a jury trial, which began in the Wellington District Court today.
Crown argues there was no consent
Crown prosecutor Kate Feltham laid out the complainants' stories in her opening remarks, arguing none of the young women had consented.
"The Crown case is that on each occasion, the defendant has taken advantage of the complainant, who at the time was either asleep and or affected by alcohol," she said.
Feltham said the defendant committed a number of the offences at flats and family homes after nights out drinking in town.
On one occasion a group, including the defendant, returned to the complainant's flat to keep socialising, and it was agreed those who did not already live there could stay the night.
Later, the complainant got into bed with her then-boyfriend and fell asleep when the defendant entered the room, got into bed and began touching her.
The Crown said the complainant's boyfriend then left the room, and the woman woke up to the defendant having sex with her.
When she realised it was not her boyfriend, she pushed him off and went back to sleep.
She woke again to the defendant sexually assaulting her. She left the bedroom and asked her boyfriend and others who were in the lounge why the defendant was in her room.
Outlining another complaint, Feltham said the defendant had allegedly been at a house with a complainant, who invited people - including the defendant - to stay at her house later, because they had missed their ride home.
The complainant's mother picked her up from the party early, because she was drunk.
Her mother had made up beds for the guests in the lounge, and the defendant arrived and slept there for a time, before going into the complainant's bedroom and getting into bed with her while she slept.
She woke up as he removed her garments and started having sex with her, shoving her head down into the pillow.
When he was finished, he rolled over and went to sleep.
In a pre-recorded interview screened to the jury, the complainant, who was the Crown's first witness, said it was painful and she did not sleep afterwards.
She said did not want to have sex, she hated, blamed herself and was embarrassed about what had happened.
"I couldn't talk, I couldn't even say stop or anything ... I froze, there was someone in my bed and I didn't know who it was.
"I just let it happen."
The complainant and the defendant messaged after the incident, and she saw him in town as he was friends with a mutual friend, and they had sex a few weeks later.
"I still wanted to prove he was an OK person, to myself."
She said they went home but did not speak to each other, and the sex was "violent".
She got up and left early the next morning, and described having bruising and swelling on her neck.
They had some contact after that but she then blocked him on social media.
Defence tells jury to keep an open mind
Defence lawyer Val Nisbet argued that on all counts the women either consented to sexual activity, or the defendant was not involved at all.
In his opening remarks, Nisbet told the jury it was important that they keep an open mind.
"Your job is to find the truth, and that, as you will find, is no easy task.
"Memories may fail, recollections may be shaded, the evidence may point in differing directions, and you'll find that is the case here."
The charges all stemmed from a scene of young people who were drinking a lot and taking drugs, Nisbet said.
Eight trials in one
Judge Andrew Becroft said all the cases are being heard together for legal reasons, and for convenience.
"You'll be required to give separate verdicts on each of the charges, and it's by no means automatic that they need to be the same verdict for each of the charges," he said.
Becroft told jurors "Mr Google" had no place in the trial, and strictly warned them against looking up any details about the case, ensuring they focused only on the evidence given in court.
The trial is expected to last until at least Tuesday next week.
Where to get help:
Sexual Violence
Victim Support 0800 842 846
Rape Crisis 0800 88 33 00
HELP Call 24/7 (Auckland): 09 623 1700, (Wellington): 04 801 6655 - push 0 at the menu
Survivors Network of those Abused by Priests (SNAP) 022 344 0496
