Allegations of Sexual Abuse in NZ

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Manawatu Standard
February 26 2008

Jury gives acquittal in sex case
by Caitlin McKay

The complainant's evidence heard in a Feilding sex case "screamed" inconsistency, defence lawyer Steve Winter said.

A jury of nine men and three women took about an hour and a half to acquit a 19-year-old Feilding man accused of attempted sexual violation of his half brother, then aged 11, in 2005.

Mr Winter was giving his closing address in the Palmerston North District Court yesterday on behalf of his 19-year-old client who stood accused of sexually violating his half brother between January and June of 2005.

The charge was later downgraded to "attempted sexual violation" after the complainant said, in evidence, his brother had only attempted to violate him. This was in contrast to what he'd told police - that he'd been raped.

Both the accused and his half brother have name suppression.

Mr Winter said the complainant was a "calculating and deliberate" liar.

"Can you be sure he told you the truth? I say the answer is no."

The culture of sex abuse was evil, Mr Winter said, but the culture of false complaints was equally "evil and pernicious".

"We're inclined to believe children when they tell us these things. Allegations are easy to throw, but very difficult to get rid of."

Though the accused was innocent, there would be people in his life who would continue to treat him differently, Mr Winter said.

"Some muck sticks - accurate or not."

The Crown had argued that the accused used his brother as a "sexual experiment", which began when he was aged 11.

The complainant was then "groomed" with periodic inappropriate touching of the boy's genital area, before the offending escalated to sexual violation, which occurred "two or three times", prosecutor Evan McCaughan said.

The two-day trial was presided over by Judge Alastair Garland.