Allegations of Sexual Abuse


Mt Maunganui Pack Rape Case


2. Trial Week 1  June 2005

 



NZ Herald
June 23 2005

Woman relives 16-year-old rape nightmare
NZPA

"I am reliving this event as I sit here," a woman who alleges she was pack-raped at Mt Maunganui 16 years ago told the High Court at Wellington yesterday.

"You have no idea what I am going through right now. I feel like I am back there."

Testifying for the third day, the woman faced questions from defence lawyer Rachael Adams, whose client has been described as a younger, unwilling party to the gang-rape.

The woman has told the court that a then 24-year-old man was on the balcony of an empty building she had been lured to in January 1989 on the promise of a date with a man with whom she believed she shared a mutual attraction.

But the man she liked was not the only one in the building, and five men took turns raping her, says the woman, who was 20 at the time.

Four of those men are on trial after the woman - now 37 and living in Australia with her husband and three children - lodged a complaint with police in April last year. The fifth man has never been identified.

The men, who are charged with rape and abduction, admit having sex with the woman but say it was consensual and deny restraining her.

Court suppression orders prevent identification of the men or their past and present occupations.

The woman has said she made eye contact with the man on the balcony, who was watching through the window, in a silent plea for him to help her. But the woman alleges he came inside after the other men had left and raped her as well.

In her statement to police, the woman said she told the man, "You may as well because the rest of you have all had a go".

The woman denied a suggestion by Ms Adams that the words encouraged the man.

Justice Ronald Young asked Ms Adams to read the next few lines of the statement.

"I was sobbing at that stage," the statement read.

"I said this to him because I just wanted to get it finished and get out. It was not a statement of consent in any way or form."

The woman alleges that over a period of an hour-and-a-half she was restrained, raped, forced to perform oral sex and brutally violated by one man with his fingers and another with a large object. Details of that object are also suppressed.

When shown a similar object, the woman broke down and the court was briefly adjourned.

The woman agreed that the 24-year-old man, who she had thought was about 19, had not appeared threatening and her restraints had been removed by the time he came in from the balcony.

"There was nothing to prevent you from closing your legs and sitting up," Ms Adams said.

"You're telling me there was nothing to prevent me from closing my legs?" the woman asked.

"I had just been raped by four men. I had been raped repeatedly with [the object].

"I was not physically able to sit up or protect myself from anyone, let alone an unwilling teenager."

Ms Adams said her client would testify that he remembered lying in a loving embrace with the woman after consensual sex. The man would also say that he had seen the woman at a Crowded House concert a week later and she had been friendly.

"I've never been to a Crowded House concert," the woman replied.

The trial continues today.