Allegations of Sexual Abuse


Mt Maunganui Pack Rape Case


2. Trial Week 1  June 2005

 



Otago Daily Times
June 21 2005

'Rape' not reported by fearful woman
16-year delay explained in court
NZPA

Wellington: A woman allegedly pack-raped at Mt Maunganui 16 years ago did not report it because she felt intimidated by her attackers, the High Court at Wellington was told yesterday.

The woman claims that in January 1989, when she was 20, she was lured under false pretences to a building where she was raped by five men.

Four of those men are now on trial after the woman - now 37 and married with three children - went to police in March this year.

The fifth man has never been identified or charged.

Court orders prevent the identification of the accused - now aged between 40 and 53 - and their past and present occupations.

The four men each faces charges of rape and abduction. Two are also charged with unlawful sexual violation and one is also charged with a second count of rape and unlawful sexual violation.

The men have pleaded not guilty to all charges.

The trial, before Justice Ronald Young and a jury of four men and eight women, is expected to take up to three weeks.

Crown prosecutor Brent Stanaway told the jury the woman was employed by a Hamilton-based company at Mt Maunganui in the summer of 1989 when she befriended three of the five men through her work.

She developed a "light hearted rapport" with one of the men and "wanted to find out more about him", Mr Stanaway told the jury. She asked his associate if he would help set up a date with him.

The associate agreed and the following day arranged to meet her and take her to meet the man she liked so the pair could have lunch together, he said.

He took her to a building in Mt Maunganui where she was surprised to find not just the man but three others as well.

Mr Stanaway said the woman started to feel uncomfortable. When she noticed an old, stained mattress had been placed on the floor she asked "What’s going on?".

Now fearful, the woman was told to lay down.

"She felt powerless and believed she had no choice but to do what they said. She then knew she was going to be raped."

The men restrained her and removed her clothes below the waist.

They then took turns raping her.

One of the men forced her to perform oral sex and penetrated her roughly with an object up to 20 times. Details of the object are suppressed. Another man penetrated her with his fingers.

The woman had not gone to police at the time because she thought no-one would believe her word against that of the five men.

Two of the men visited her at work the day following the alleged rape, he said. One man had also visited her at her motel on two occasions following the incident.

"He was attempting to cover his tracks by being brazen and intimidating. His tactics had the desired effect."

In their opening addresses, lawyers for the accused said all four men admitted having sex with the woman but believe it was consensual group sex and denied the woman was restrained.

Defence lawyer Tony Balme told the jury the woman would be exposed as having "developed a series of lies".

Fellow defence counsel Rachel Adams said the woman was "a willing and even enthusiastic participant".

She asked the jury to appreciate the mood of Mt Maunganui in the summer.

"There was a huge influx of young people. It was the liberal ’80s."

The alleged victim took the stand yesterday and told of how she had developed a crush on one of the five men who used to visit her daily.

"I felt like he was hanging around. I certainly felt there was a growing attraction," she told the jury.

She asked an associate about the man’s marital status and whether he would help her get a date with him.

On the day of the alleged incident, the associate asked her to meet him so he could take her to meet the man she liked so the pair could have lunch together.

"I had started to think it was a little unusual for him to be involved to such an extent.

"I had no reason to think he was going any place other than to have lunch."

However, he drove her to an empty Mt Maunganui property where she saw other vehicles outside, she said.

"I was starting to feel a little uneasy at that stage because I didn’t see any other people around." The associate said to her: "In you go; he’s waiting for you." The woman entered the building and found the man with three other men. "I got a hell of a shock." The trial continues today.