Woman wakes to find accused man in bed with her, court told

5:02 pm on 14 October 2022

Kate Green , Journalist

Photo: RNZ / Richard Tindiller

Warning: This article discusses details of rape and sexual assault.

The fourth of six young women to testify in the rape trial of a Wellington man says she felt confused when she awoke to find not the person she had gone to bed with, but his friend.

On Friday morning, she testified against the 25-year-old, who has name suppression. He has pleaded not guilty to four charges of rape, two of unlawful sexual connection and two of indecent assault.

In video evidence, the woman said she fell asleep next to another member of her friend group after consensual sex with him, but woke up the next morning to find herself on top of the accused.

She remembered her room being clean, a few clothes on the floor and the flat beyond the door being quiet. It was a hot summer morning, and she remembered being naked and sweaty.

The part she doesn't remember, though, is how the accused ended up in her bed. "It felt like a dream," she said.

The woman had arrived home with some friends about 2am. The court was shown messages exchanged between her and the accused, wherein he asked if he could sleep over, or if she was going to be sharing a bed with their mutual friend.

She replied; "Both." He replied; "Selfish".

She said she had meant they could both stay at the flat, not in her bed.

Everyone had been drinking, and the woman went to bed in her room, later joined by the male friend with whom she shared a mutual attraction, and had been intimate with before.

They had consensual sex and fell asleep.

The court heard that during the night, the accused entered the room and began fondling the woman.

She said she learned later the other man woke up, spoke to the accused and left the room, under the impression this was something the woman had told the accused she wanted.

She awoke the next morning just as she was being pulled on top of someone, and remembered looking out the window at the sunrise.

She was still half asleep, she said, and it was only when the man roughly grabbed her breast that she looked down and realised it was not the person she had fallen asleep next to.

"After being put on top, it was just like his hands were around me, around my hips, kind of probing, feeling around the body. I remember him doing most of the work."

In her video evidence, she told the court she had pushed herself off him, to which he protested. She initially said she left the room after that.

However, on Friday she told the court she had remembered during therapy that wasn't the case.

She had in fact rolled over and tried to go back to sleep, and awoke again to the man with his mouth on her genitals and anus. At that point, she got up and left the room.

Soon after, the country began the lockdown related to the Covid-19 pandemic and the man did not come round for a while, but when the restrictions lifted, she told her flatmates she did not want him visiting anymore, and installed a lock on her bedroom door.

On Friday the court also heard from the best friend of a complainant who told the court earlier this week she also woke to the accused having sex with her.

The court has not yet heard from the accused.

The trial continues next week and is set to run longer than first expected. The jury was told on Friday to keep their entire next week clear.