Allegations of Sexual Abuse

False Allegations: Home

2007  <    News Reports - NZ Cases 2008
False allegations primarily of sexual abuse, but also including other bizarre claims. A number of reports are of unproven cases, or cases where a convicted person still protests his innocence

This page last updated Dec 10 2008














Former partner - December - Blenheim    Man in Prison for 18 months    new Dec 6.
A Blenheim man was jailed in August 2006 for nine years after he was accused of raping, strangling and punching his former partner. His conviction was overturned and he was acquitted on retrial.

2008-1205 - Marlborough Express - Conviction overturned





20-year-old-woman - November - Tauranga
The initial headlines were that a woman “fought off attackers” by a man and his friends. A night later she was attacked by the same man in a Tauranga cemetery.  He “knowcked her over and she was struck on the head with a headstone. He then raped her and took off”.  The police said that she was extremely traumatised, and that she had undergone an horrific ordeal.

Three days later, the police closed the inquiry into the alleged rape, but refused to comment when asked whether any charges would be laid

2008-1126 - Bay of Plenty Times - Hunt for Cemetery rapist

2008-1127 - Bay of Plenty Times - Alleged cemetery rapist evades police

2008-1129 - Bay of Plenty Times - Police to close file on alleged rape case

2008-1129 - NZ Herald - Cemetery rape inquiry dropped





Acquitted after sentence - November - Gisborne       Man in Prison for 18 months
Compensation may be an issue.
A man who served 18 months in jail for rape has been acquitted at a retrial. Accused “might have been framed through negligence or dishonesty.” The defence advanced a position that went well beyond the bounds of simple denial and indeed to the extent of submitting to the jury that he had been framed. The jury was out for a little under two hours and returned a verdict of not guilty

2008-1126 - Gisborne Herald - Retrial jury finds man not guilty of rape

2008-1127 - Nelson Mail - Retrial acquits prisoner

2008-1127 - Hawkes Bay Today - Cleared after sentence

2008-1127 - Stuff - Man acquitted after serving time for rape





19-year-old-woman - November - Sydney

New Zealand Warriors Rugby League Star Michael Crockett was accused of rape in August 2007, and the case dismissed before trial on 21 November 2008.  The sister of the complainant provided evidence in preliminary hearings that showed simply it was “contrary to common sense that (the alleged offences) could have happened."  The sister's evidence exposed a "tendency to embellish" by the alleged victim, and eroded her credibility, revealing the claims to be "demonstrably false".

Michael Crockett’s sister says the female complainant has tarnished her brother’s reputation in pursuit of money. “The thing I find disgusting about this whole thing is how she can make all these allegations and they hold back her name and her photo." She said her brother was relieved but the saga had impacted on the entire family

Featured case - Michael Crockett





23-year-old-woman - November - Rotorua
A Rotorua woman has been accused of wasting more than a week of police time by falsely telling detectives she was sexually assaulted. The 23-year-old woman told police she was bashed by six youths in the early hours of Saturday November 8 and dragged to Kuirau Park where she was sexually assaulted

2008-1120 - The Daily Post - Sex attack story false say police





Intellectually impaired woman - November - Auckland  
Father and brother implicated
All charges against a man accused of raping an intellectually impaired woman were thrown out of court.

The woman's evidence proved contradictory, as she struggled to understand the meaning of many questions. She both admitted she had had sex with Pearson and, under questioning from defence lawyer, admitted she had made the allegations up - at the behest of her father. The defence lawyer also accused the woman's brother of fabricating evidence at his father's request. He said the father had sworn to "get back" at the accused after his daughter had moved in with him, and that the charges were the threat's fruition.

The defence made an application under section 347 of the Crimes Act and Judge Christopher Field said that based on the state of the evidence, he had decided the trial would not continue.

2008-1118 - NZ Herald - Man denies rape of woman with low IQ

2008-1119 - NZ Herald - Alleged rape victim seemed brainwashed, says mother

2008-1120 - NZ Herald - Judge throws out rape charges





Patient of GP - November - Auckland      new Dec 6.
Victim or infatuated patient?   GP says he “never had a sexual relationship with her.” The GP denied a charge of professional misconduct for having a sexual relationship with a patient. The Health Practitioners Disciplinary Tribunal has reserved its decision (3 Dec 2008)

2008-1113 - NZ Herald - GP 'groomed patient for sex'

2008-1203 - NZ Doctor - GP denies having affair with patient





21-year-old-woman - November - Christchurch

A woman complained that she was attacked in the Cathedral Square area between 3am and 4am. Detectives taped off an alleyway and carried out a scene examination.  However later in the day they charged the woman with making a false complaint, and the woman was due to appear in court on the following week.


Scene examination for rape complaint that
was later found to be a false complaint


2008-1106 - NZ Herald - Police investigate

2008-1106 - The Press - Woman charged

2008-1106 - Stuff - Woman charged

2008-1106 - Radio NZ - Woman charged

2008-1106 - The Police - Woman charged

2008-1106 - Otago Daily Times - Woman charged

2008-1106 - NZ Herald - Woman charged







Two boys - October- Invercargill

Two boys made allegations against Paul Conner, a teacher in a Southland primary school. The allegations were made in October 2007. The case rested on the credibility of the complainants.  On the 30 October 2008, the jury took less than four hours to make its decision and acquit the teacher

Mr Conner said New River Primary School's hierarchy had given him next-to-no support during the past year, which disappointed him. School principal Elaine McCambridge declined to comment, as did school board spokesman Simon Ayto.  He hasn't heard from the principal or board of trustees since his arrest on October 2007 and a teachers' union representative had told him staff had been instructed not to contact him. And they hadn't.

Featured case - Paul Conner





13-year-old-girl - October - Wellington    
A girl told police a man tried to abduct her. A man was charged as a result. A few days later she admitted the allegation was false. Police Officer Scott Miller confirmed the man charged was known to the girl. “Something was behind the incident so it wasn't completely out of the blue”

2008-1021 - Stuff - Teen made up abduction attempt





Woman - October - Christchurch    
A High Court judge has criticised the police investigation and prosecution of an alleged historical sex case and says the accused man has a "just and reasonable" case for costs. The man was acquitted in June after a jury could not agree.

The "inherent improbability of sustained, repetitive, non-consensual intercourse through to age 21" by a brother "without a young woman being able to take steps to bring the intercourse to an end" was an important contextual factor.. Despite the alleged offending, the complainant had maintained "strong family relationships" with her brother before making her complaint, the judge said.

The man's lawyer, Jonathon Eaton, was correct to submit that the cost of the trial was "largely cast on to the defence by the lack of investigation of the complaint by the prosecution", the judge said

2008-1016 - The Press - Incest case





47-year-old-woman - October - Wellington     
A woman tried to make an assault charge against her boyfriend "go away" by doing a letter drop falsely accusing the victim - her former husband - of paedophilia. She pleaded guilty to charges of blackmail and attempting to pervert the course of justice. She was sentenced to community detention , which will confine her to her home five nights a week for nine weeks. She also has to do 200 hours' community work and undergo 12 months' supervision. Justice Simon France said it was a terrible allegation

Reports in the Rotorua Daily Post and Bay of Plenty Times called the crime a “corrosive lie

She trivialised the truth of what happens to so many children, at the hands of real abusers. Every woman who uses this weapon falsely - and this applies to false rape allegations too -  makes it harder for those reporting genuine cases. If silence hurts, then how much worse are lies?

2008-1006 - Dominion Post - Paedophilia accusation was false

2008-1009 - Rotorua Daily Post - Repulsive silence and corrosive lies   

2008-1009 - Bay of Plenty Times - Silence often as much a criminal act as lies 





61-year-old-woman - September - Rotorua    Man in Prison for 10 months


Bob Sutton, exonerated. Was “not impressed” with the punishment for the woman who lied and sent him to prison



A woman gathered false evidence which resulted in her former partner being jailed for rape. The man, Robert Sutton was convicted in October 2005 and spent 10 months in prison, and over three years before exoneration

The woman pleaded guilty to perverting the course of justice, and was sentenced to 50 hours community service.

Her victim had previously said that he had one wish - that she too spend 10 months in jail. Unsurprisingly he said he "wasn't very impressed" with her punishment. "I don't wish jail on anybody but her. I was gutted by the fact that I did 10 months in jail for her lies, and she turns around and she gets 50 hours and that's it."

He had maintained his innocence since the day he was arrested by two detectives but the truth only emerged when two witnesses came forward after national media coverage of his sentencing.

2008-1103 - Waikato Times - Woman's false-evidence actions earn 50 hours' service     

2008-0911 - The Daily Post -Man freed from jail after false rape evidence admission

2008-0911 - The Daily Post - Lies a slap in the face for genuine rape victims

2008-1102 - NZ Herald - Lies put me in jail   





29-year-old-woman - September - Timaru
A false allegation by a Timaru woman resulted in her partner being taken into custody for an event that never occurred. The woman was sentenced to 250 hours' community work for making a false complaint to the police

2008-0904 - Timaru Herald - Woman charged for false complaint





17-year-old-woman - September - Dannevirke
A woman who pretended she was raped to "get attention" was convicted in Dannevirke District Court yesterday of making a false complaint. She was convicted of making a false statement to police, and sentenced to 9 months' supervision for substance abuse.

2008-0902 - Manawatu Standard - Teen in court for false rape story





46-year-old-man - August - Wellington;  (False complaint in relation to a burglary)
A man appeared in the Wellington District charged with burglary and making a false complaint in relation to the robbery of a Clifton Terrace carpark building on Aug 26

2008-0829 - Dominion Post - Police lay charges over false complaints





26-year-old-man - August - Wellington;  (False complaint in relation to a burglary)
Police arrested a 26-year-old man who was charged with theft from his employer and making a false complaint in relation to a reported robbery on Aug 7

2008-0829 - Dominion Post - Police lay charges over false complaints





18-year-old-woman - August - New Plymouth
Woman accused of several charges, including making a false rape complaint to police. Police allege she called 111 on June 30 and said she had being raped by a group of men at De Havilland Drive. The false complaint charge was remanded until September 17.

2008-0821 - Taranaki Daily News - Daughter may also be victim of assault





Woman - June - Whangarei;  (Guilty verdict; Claims innocent)
A Northland man who raped a young girl repeatedly has been jailed for 15 years - but still claims he is innocent. “It never happened”  He must serve a minimum non-parole period of nine years in jail before he was able to be considered for parole.

His sister said that in their hearts the family knew he was not guilty and that he had been wrongly convicted. “The justice system has failed us and now an innocent man is serving a prison term for a crime he did not commit,'' she said.

2008-0628 - Northern Advocate - 15 years' jail for rapes he denies





40-year-old-woman - June - Hamilton
A deaf woman was charged and subsequently pleaded guilty to making a false rape complaint. The offence took place in November 2007, when media coverage of the incident was significant, as the police were investigating a serial rapist during April to July of 2007.

The case has proven to be one of five false complaints made with the original investigation still unsolved. Hamilton police welcomed Turanga's sentencing, saying it would serve as a deterrent to others

The woman had claimed she was the victim of a prolonged and vicious sexual attack in her Albert St, Hamilton East, flat. She was sentenced to four months' community detention and ordered to pay $5120 reparation. The investigation cost about $25,000.

2008-0625 - Waikato Times - False complaint charge laid

2008-0625 - NZ Police - Hamilton False Rape Complaint Prosecution

2008-0625 - Stuff - Police warning to women over false rape claims

2008-0626 - Waikato Times - Another charged for rape claim

2008-0702 - Hamilton Press - Complainant prosecuted

2008-1008 - Waikato Times - Rape-lie woman 'model citizen'   

2008-1009 - Nelson Mail - Accused 'a model citizen'





12-year-old-girl - April - Christchurch    new Dec 10.
A South Island policeman was initially suspended after being charged with the rape of a 12 year old girl

The accused’s lawyer, Pip Hall said the accused was a mentor and father figure for an intellectually disabled friend. "The defence case is simply this – the accused did not sexually assault her in any way at all. "Her account is untrue and the defence says the reasons why she has made these false allegations should emerge during the trial." (These reasons were never able to be reported). He said the accused had been devastated when he learned that the girl was making allegations against him.

Mr Hall said that at the time of the allegations the accused had been openly seeking help, advice and approval from friends, family and health professionals after a problem arose with the girl.

The Crown prosecutor Brent Stanaway says the relationship with the teenage girl was an obsession which led to sexual abuse. The man bought the girl gifts, had her around for meals, and became increasingly infatuated, he said. He would text or call her frequently. Phone logs would show that he phoned or texted her 132 times on one day when he was away working in Auckland. The accused acknowledged in a police interview that the complainant had slept in his bed while alone in the house, Stanaway said. That had occurred three or four times.

In cross-examination, the complainant gave evidence via a video link from another room in the court, said the man had sex with her on one occasion. In taped interviews she said it had happened twice. She said nothing happened on the occasions she slept in the man's bed and agreed with Hall she often climbed into his bed because she was scared of the dark.

The accused was found Not Guilty. However the judge, Justice Graham Panckhurst, said he was concerned, from evidence that was heard in the trial, by some of the man's behaviour, and felt it should be a matter of public interest. The police were launching an investigation that could still result in dismissal from the police, although the police union wants to see him returned to work

2008-0208 - Otago Daily Times - Officer faces rape charge

2008-0407 - Stuff - Sexual abuse by 'father figure' alleged

2008-0407 - Three News - Sexual abuse by 'father figure' alleged at trial

2008-0408 - NZ Herald - Rape accused 'awarded points' to victim

2008-0408 - The Press - Man, 46, on trial for sex with girl

2008-0409 - The Press - Girl, 13, accuses father figure

2008-0415 - The Press - Crown drops two charges as rape case closes

2008-0416 - The Press - Two of three rape counts dropped

2008-0416 - Christchurch Court News - Rape trial jury retires

2008-0416 - Stuff - Not guilty verdict in rape trial

2008-0416 - Three News - Not guilty verdict in rape trial

2008-0417 - The Press - Not guilty verdict in sex trial

2008-0417 - The Press - Police officer acquitted of rape

2008-0417 - Stuff - Police officer acquitted of rape

2008-0417 - Radio NZ - South Island police officer acquitted

2008-0418 - NZ Herald - Policeman cleared of rape

2008-0419 - NZ Herald - Officer acquitted of rape faces review





19-year-old-woman - April - Hastings
A woman admitted lying about being sexually assaulted. She had been re interviewed after inquiries and examination of forensic evidence. The woman was referred to counselling services, and a decision on whether she will face charges is yet to be made.

2008-0407 - Three News - Teen admits making up story about sexual assault

2008-0407 - Stuff - Teen admits lying about sexual assault

2008-0407 - NZ Herald - Woman admits lying about 'sex assault'

2008-0407 - Newstalk ZB - Teen admits making up sex assault complaint





Woman - April - Murupara - Resulted in vigilante attack
A woman told her three brothers that she had been raped. The brothers went to the home of the man they thought was guilty and beat him around the head and body with a baseball bat. They later found out the man was innocent of the claim. The men were all sentenced to three years in jail.

2008-0404 - The Dominion Post - Pastor's sons jailed for 'vigilante' attack

2008-0404 - Three News - Pastor's three sons jailed for attacking innocent man





27-year-old-woman - March - Waitangi  - Suspected Hoax
Rape Reported
Haruru Falls Reserve Haruru Falls

A 27 year old English tourist reported being dragged into the bush and subjected to a horrific sexual assault. She said she was walking between the Waitangi Treaty Grounds and the Haruru Falls carpark between 5.30pm and 6pm on 26 March. The man had a North American accent, was in his 30s, has short dark brown hair, was barefoot and wearing a large ring on his hand. The woman was described as petrified, very traumatised and shaken. She suffered bruising. She was being cared for by Victim support

2008-0327 - Newstalk ZB - Tourist sexually assaulted at Haruru Falls

2008-0327 - Three News - English tourist sexually assaulted

2008-0327 - NZ Herald -  Tourist assaulted in same spot Dutch visitors attacked

2008-0327 - Radio NZ - English tourist sexually attacked

2008-0328 - Northern Advocate - It’s happened again - Tourist in sex attack horror

Identikit picture of alleged attacker
Investigations
The police initially tried to ascertain exactly where she was dragged from the track, which usually takes an hour to walk. The woman’s “emotional state” was slowing the inquiry. The police appealed to the public, and people who have been on the track for assistance

2008-0328 - NZ Herald - Sex attacker had accent

2008-0328 - Three News - Barefoot sex attacker with American accent still on the loose

2008-0328 - Radio NZ - Police appeal for track walkers to come forward after attack

2008-0328 - One News - Tourist assaulted in vicious sex attack

2008-0328 - Newstalk ZB - Police appeal for help in sex attack case

Tourists at falls
Concern for effects on tourism
Northland tourism bosses say the area is as safe as anywhere else in the country to visit and they are unhappy at intense publicity about a second sex attack at picturesque Haruru Falls. George Hickton, CEO of Tourism New Zealand, says the problem is that some people see New Zealand as a very safe destination and become complacent. Mr Hickton says it is a concern when attacks on tourists are reported in the international media because articles could have an impact on people's decisions to come to New Zealand.

2008-0328 - Three News - Northland tourism bosses unhappy with publicity about sex attack

2008-0328 - Newstalk ZB - NZ not dangerous by world standards

2008-0328 - One News - Tourist safety in New Zealand


Continuing reaction
Rhys Johnston, the detective heading the investigation, says the woman, who was badly bruised during the attack, is "getting better as time goes on but still deeply traumatised". Locals are reported to be “rallying around” the “victim”.  Rhys Johnston reports no specific leads.  Tourists report fears of visiting the falls. “It just shows that there are nasty people everywhere”. Businesses hoping visitor numbers will not fall.

2008-0329 - Northern Advocate - Tourists wary after second sex attack

2008-0330 - NZ Herald - Tourist numbers plummet

2008-0331 - NZ Herald - Track where sex assault took place 'normally busy'

2008-0331 - Stuff - Locals rally around victim of Northland sex attack

2008-0331 - Three News - Locals rally around victim of latest Northland sex attack


International publicity
Report of the rape is made in the UK, where the recent murder of British tourist Karen Aim is also reported.

2008-0331 - Glasgow Evening Times - English tourist raped in New Zealand

2008-0331 - The Mirror - Tour girl in New Zealand sex ordeal


Ongoing investigation
The “victim” had been offered victim support and had been interviewed by police. Police were hearing from people who had used the track and from people who had nominated suspects although the same name had not cropped up more than once

2008-0402 - NZ Herald - Barefoot sex attacker eludes police

2008-0403 - NZ Herald - Sex attacker sought

2008-0408 - NZ Herald - Barefoot sex attacker still evading police


Hoax Suspected
Det Sgt Rhys Johnston

Sources have told NZPA the attack may not have happened. The police however refuse to confirm the complaint was a hoax. "It is a bit of a tricky one," said Detective Senior Sergeant Rhys Johnston.

 

2008-0411 - Stuff - Police refuse to confirm sex attack was a hoax







Woman - March - New Plymouth - Rape Complaint a dream?
A woman who has accused a 27 year old man of kidnapping and multiple rapes now says she may have had a nightmare, the man's defence lawyer has told the New Plymouth District Court.

2008-0322 - Taranaki Daily News - Rapes may be 'nightmare'





11-year-old-boy - March - Havelock North
False claim reported

An 11 year old boy claimed to police that a man wearing a T shirt saying “Porn Star” had attempted to kidnap him, but that he had “kicked the man in the shins and ran off”

2008-0316 - Newstalk ZB - Police appeal for witnesses

2008-0316 - NZ Herald - Eleven year-old evades kidnap outside pet shop

2008-0317 - All about Hawkes Bay - Police pursuing leads in Havelock North kidnapping

2008-0317 - NZ Herald - 'Porn star' man tries to abduct boy, 11

2008-0317 - Three News - Police investigating attempted kidnapping

2008-0317 - Yahoo News - Police appeal to public in failed pet shop kidnapping

False claim turns out to be false

However there were inconsistencies in the boy’s claims, and the police established that “the attempted kidnap did not take place.” The police took no further action.

2008-0320 - Three News - Police: attempted kidnapping of boy did not take place

2008-0320 - NZ Herald - 'Porn Star' abduction attempt did not happen

2008-0320 - Newstalk ZB - Kidnapping fiction

2008-0320 - The Dominion Post - Police say pet shop kidnapping did not happen

2008-0320 - Three News - Boy made up kidnapping story





16-year-old girl - March - Morrinsville

Police spent more than 60 hours investigating a rape complaint by a 16-year-old Morrinsville teenager which turned out to be false. The youth was referred to the police Youth Aid Section

2008-0308 - Hamilton Press - False complaints a waste of police time





17-year-old girl - March - Hamilton

A girl made a complaint that she had been attacked late at night, and dragged to a reserve.. But the next day, she was charged with making a false complaint after admitting the attack had not happened. She later pleaded guilty, and ordered to pay $1800 reparations

2008-0306 - The Timaru Herald - False claims cause harm

2008-0301 - The Dominion Post - Complaint ‘false’

2008-0308 - Hamilton Press - False complaints a waste of police time

2008-0326 - Waikato Times - Hamilton teen admits rape story 'all in head'





Stratford woman - March - New Plymouth

A 41 year old man was found not guilty of rape. He said: "I've been through s..t. It's been a whole year of my life. From now on I'm going to stay off the alcohol. It's going to be ginger beer in future. "The cops have done a bloody good job. I was innocent and I stuck to my guns and just spoke the truth."

The defence counsel had argued a conviction would be an injustice. The accused was an honest man while the complainant was not a reliable witness,

2008-0301 - Taranaki Daily News - Emotion high over not guilty verdict

2008-0228 - Taranaki Daily News - Racing worker denies rape charge





14-year-old boy - February - Fielding

A boy told police that he had been raped by his half brother aged five years older. In evidence, however, he said that his brother had only attempted to violate him. The defence counsel said the complainant was a "calculating and deliberate" liar. 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."

2008-0226 - Manawatu Standard - Jury gives acquittal in sex case





41-year-old man - February - New Plymouth

An attempt to extort money from an elderly New Plymouth man with a fictitious rape claim has landed a man with a year-long jail sentence. Despite there being no truth to Nixon's claims, the blackmail had had a serious impact on the victim

2008-0221 - Taranaki Daily News - False rape blackmail leads to jail





Young woman - February - Dunedin

A man has been acquitted of raping and sexually assaulting a young woman whose bed he got into after an unsuccessful sexual encounter with the woman’s flatmate. The defence had said there were important inconsistencies between her evidence in court and what she told police soon after the incident.

2008-0221 - Otago Daily Times - Man acquitted of two counts of sexual violation





39-year-woman - February - Christchurch

A claim of rape in the street made by a 39-year-old woman - described as rotten drunk at the time by the judge - has been thrown out of court after her evidence at the trial of the teenager she accused. "We can't run the risk of letting this man be convicted of a rape charge which in the end is speculative," the judge said

2008-0220 - Stuff - 'Rotten drunk' woman's rape claim thrown out

2008-0220 - Three News - Drunk woman’s rape claims dismissed

2008-0220 - NZ Herald - Consent doubt stops rape trial


A Taranaki letter writer notes the inconsistency in that the judge said of the accused “
he entered and leaves the court an innocent man” and yet his name was splashed across the media and the drunken woman who made the false accusations has her name suppressed

2008-0225 - Taranaki Daily News - False rape claim





Three young tourists - February - Christchurch

Two men from the Netherlands and one from Italy made a complaint of aggravated robbery. They later admitted making a false statement, saying they invented the story to explain damage to their van. They were convicted and discharged.

2008-0219 - Radio NZ - False complaint would cost tens of thousands

2008-0219 - The Press - Tourists charged with faking theft

2008-0219 - The Press - Dutch tourists admit making up robbery claim






Investigation closed: Insufficient evidence - February - Cruise Ship

In a case that generated considerable publicity, a woman made allegations of rape against a man while on board a cruise ship. The complainant alleged she was raped by a 37-year-old Sydney man in his cabin while the ship was docked, but said she was too drunk to recall all the details. The man said she consented to sex. The police determined that there was insufficient evidence to justify criminal proceedings



Comment: peterellis.org.nz

This case stands in contrast to the Christchurch case referred to below.  In this case the police acted intelligently, and made a decision that a case that depended on a complainant who was too drunk to recall all details could result in an injustice. In too many cases the police do not use such discretion.

While a rape may have occurred, the risks of convicting an innocent man are too great. These web pages illustrate only too clearly that false allegations are not uncommon.

 





Woman - February - Christchurch     Man in prison for 7 months

Guilty verdict surprises trial judge; Verdict overturned on appeal

A 48 year old man was found guilty of rape, despite the woman being drunk, and having no memory of the episode. The basis of the complaint was that the woman believed that she would not have engaged in intercourse without protection, so she cannot have consented.

The verdict surprised the judge, who noted his considerable unease at the guilty verdict. He did not immediately enter a conviction, asking for further submissions. Defence counsel said that the evidence was unreliable. The case will be appealed.  He was later jailed for five years

February - Found Guilty

2008-0214 - Stuff - Rape case: guilty verdict surprises judge

2008-0214 - NZ Herald - Judge 'uneasy' about jury's guilty verdict in rape trial

2008-0214 - Newstalk ZB - Man jailed for rape despite judge's concerns


The Court of Appeal overturned the conviction in August, but suppressed its decision pending another trial. He was released from prison at that time.  The Crown decided not to proceed with another trial and in October the man was given a Section 347 discharge.

August - Verdict overturned on Appeal

2008-1028 - One News - Rape conviction overturned   

2008-1028 - Stuff - Rape conviction overturned on appeal 

 


Comment: peterellis.org.nz

This case in which a man was surprisingly found guilty illustrates the unfairness of existing laws that enable men to be convicted of serious sexual crimes without corroborating evidence.

Unreliable verdicts, and heartache for innocent men and their families will be inevitable when sexual crimes are determined by a jury lottery, with decisions based on who is the most “believable”





20-year-old man - February - Christchurch

A man made a false allegation that his workmate had assaulted a woman. The innocent man was held in police custody as a result. He was sentenced to 100 hours community work.

2008-0202 - The Press - False assault claim saw workmate in custody





18-year-old woman - January - Hamilton

A woman falsely accused a man of rape. She did so as retribution, after the man she accused allegedly stole a $50 Warehouse voucher from one of her friends. She pleaded guilty in court and was fined $375

2008-0122 - Waikato Times - False complaint of rape a reprisal

2008-0125 - Dominion Post - False rape complaint

2008-0308 - Hamilton Press - False complaints a waste of police time





13-year-old-girl - January - Taupo

False claim reported

In January, a 13 year old girl made a claim that three men abducted her from her Taupo home. She claimed that she had managed to escape from her captors. The story “stunned” Taupo police. She had been “abducted” even while her parents were upstairs in the house.  

News Reports:

2008-0109 - Newstalk ZB - Patchy haircut clue to abduction

2008-0109 - Stuff - Manhunt after abduction of girl, 13

2008-0110 - Dominion Post - Abducted girl escapes

2008-0110 - Daily Post - Girl, 13, snatched from her bedroom

2008-0111 - NZ Herald - Teen escapes abductors screaming

2008-0111 - Waikato Times - Teenager's abductors still on run

False claim turns out to be false

On February 18, police announce, that following a “lengthy” investigation, the complaint was found to be false. The girl will be referred to the Youth Aid section

News Reports:

2008-0218 - Three News - Police furious at time wasted over false abduction claim

2008-0218 - Newstalk ZB - Abduction claims turn out to be false

2008-0218 - Stuff - Teen made false abduction claim

2008-0218 - NZ Herald - Police furious about false abduction claim