Soldier acquitted of rape

Last updated 20:56 23/11/2012

Relevant offers


Alex Fisher's family: 'We are devastated' South Auckland shopkeeper 'tormented' by teens Fire attend hazardous spill at Auckland police yard Further investigation launched into Hamilton Zoo Body discovered behind homes near Hamilton's lake Animal rescuer injured in fire released from hospital Southland toddler Masyn Johnston-Weir's joy at the sound of music Court rules quake-damaged Lladro figurines are artworks 'Beautiful man' killed in central Christchurch crash, husband still critical Foxton Beach's 170-tonne boat launched in the water using air bags

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