Soldier acquitted of rape

JIMMY ELLINGHAM
Last updated 20:56 23/11/2012

Relevant offers

National

Live: Police urge Caleb Kovaleski to hand himself in as manhunt enters second day Marlborough transgender student's bathroom battle brings about change Person dead in Auckland workplace accident Man missing after jumping into river following 50 minute police car chase The tiny South Otago town with the big heart Thames or Manukau, Auckland port move will cost billions Rural burglaries prompt black market fears Explosive waste plagues Auckland property following flooding Auckland Transport operators asked to show understanding for seniors still using SuperGold cards House destroyed by fire in rural North Canterbury

An army private has been acquitted of raping a fellow soldier after a St Patrick’s Day binge.

A jury in the Palmerston North District Court today delivered a majority not-guilty verdict in the rape trial of Devon Dwayne Fraser, 21.

One of the 12 jurors did not agree with the decision.

The jury deliberated for about five hours after Judge Les Atkins summed up the case in the morning.

On March 18 last year, Mr Fraser and a female soldier were seen ‘‘making out and hooking up’’ in the High Flyers nightclub.

They returned to Linton where they had sex.

In his closing remarks to the jury, defence lawyer Fergus Steedman said it was consensual, but the Crown accused Mr Fraser of raping the female soldier, who, it said, did not give consent.

Mr Steedman said the complainant got herself caught up in a web of lies and it was her that should have been in court for making a false statement.

Crown prosecutor Esme Killeen said the complainant had been clear that she didn’t want to have sex with Mr Fraser.

‘‘A kiss is not a contract.’’

Judge Atkins reminded the jury that when a drunk person gave consent for intimacy, it still stood.

‘‘People sometimes do things when they are drunk that they would never do when sober,’’ the judge said.

‘‘You would have to be  sure [Mr Fraser] did not have reasonable belief she was consenting if you found him guilty.’’

Ad Feedback

- Manawatu Standard

Special offers

Featured Promotions

Sponsored Content