Allegations of Sexual Abuse


Mt Maunganui Pack Rape Case


2. Trial Week 1  June 2005

 



Otago Daily Times
June 23 2005

Woman tells of reliving alleged rape
NZPA

Wellington: “I am reliving this event as I sit here,” a woman who alleges she was pack-raped at Mount 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 the then 24-year-old man had been 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.

However, the man she liked was not the only one in the building and the then 20-yearold woman alleges five men took turns raping her.

Four of those men are on trial after the woman — now aged 37 and living in Australia with her husband and three children — lodged a complaint with police in April 2004. 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 group sex and deny she was restrained.

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 instead of helping her, the woman alleges he came inside after the other men had left the building and raped her as well.

The man had been nervous, she told the court.

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 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 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 suppressed.

When shown an object similar to the one allegedly used on her, the woman broke down and the court was briefly adjourned.

The woman agreed the 24-year-old man had not appeared threatening and her restraints had been removed by the time he entered the building.

“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 he remembered lying in a loving embrace with the woman after consensual sex.

“[He] raped me,” the woman said.

The man would also give evidence he had seen the woman at a Crowded House concert a week later and she had been friendly, even running her hand along his back or buttocks.

“I’ve never been to a Crowded House concert,” the woman replied.

The trial before a jury of four men and eight women continues today.