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Allegations of Sexual
Abuse |
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Wellington: Suggestion
by Crown prosecutors that only a “slut” would consent to degrading group sex
with virtual strangers contributed to a miscarriage of justice, the Court of
Appeal was told yesterday. Lawyers for four men
convicted last July of the pack rape of a 20-yearold woman at Mount Maunganui
17 years ago urged the Wellington court yesterday to order a retrial. Mount Maunganui
businessman Peter McNamara, Papamoa fireman Warren Hales and two men whose
identities remain suppressed were convicted of raping and abducting the woman
following a two-week jury trial in the High Court at Wellington. The two unnamed men
were also convicted of sexual violation by unlawful sexual connection and one
was convicted of a second rape charge. Both unnamed men were
acquitted of sexually violating the woman with an object, details of which
are also suppressed. All four men are
appealing their convictions and all but Hales are appealing their jail
sentences, which range from seven to eight and a-half years. Hales’ lawyer Greg King
said yesterday his client’s trial lawyer, Rachael Adams, acted incompetently.
Evidence by the victim she had told Hales “you might as well” suggested
consensual sex between the pair. It was a line of
defence which distanced Hales from the other three men and was not properly
advanced by his counsel. “The client understood
the whole philosophy of defence was to distance himself from the others. He
paid $80,000 to have his defence put by counsel and she didn’t do that.” The presentation by Ms
Adams of the object allegedly used to violate the victim caused the woman to
break down and the trial to be briefly adjourned, he said. Defence lawyers were
unable to counter the prosecution’s suggestion only a “slut” would consent to
degrading group sex because laws designed to protect victims prevented issues
of reputation and character being raised, Mr King said. The now 37-year-old
woman told the jury the men lured her into a hut on the pretext of having a
lunch date with one of the unnamed men. Once there, she was
bound, raped, forced to perform oral sex and brutally violated. The men maintained
throughout the trial the woman had orchestrated consensual group sex and
denied restraining her. Lawyers for the two
unnamed men argued that if the jury was not sufficiently convinced by the
victim to convict their clients for sexual violation with the object, the
other guilty pleas were inconsistent. The hearing is expected
to finish today after the Crown has presented its submissions. |
