Soldier acquitted of rape

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

Relevant offers

National

Reckless driving on gorge nothing new, claims truck lobbyist Mother of Blenheim teenager Lara Glover arrived to say goodbye moments before her daughter died at the scene of a car crash Man's hand almost severed in attack near Dunedin - another arrested Search for missing Taupo woman Appeal court finds no miscarriage of justice in John Adams murder case Maori Party looking for distance from Government - English vague but helpful? Anglican bishop worried over fundraising targets for Christ Church Cathedral restoration Six-year-old run over as he got off a school bus near Te Aroha Water treatment plant would 'rip the heart out of Oratia' Government tight-lipped about support for earthquake-affected businesses

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