Two men accused of sexually violating a teenage partygoer later colluded to clear their names, a jury has been told.
The men deny any wrongdoing.
In the Palmerston North District Court, Francis John Haami Potaka, 25, is on trial facing one charge each of rape, sexual violation and indecent assault.
Michael Ron Te Weiri, 20, is charged as a party to the violation and indecent assault that allegedly happened at a boozy party in Whanganui in January 2011.
Crown prosecutor Harry Mallalieu yesterday told the court that Potaka approached a teenager and kissed her, before later pulling her to where he was sitting and raping and violating her.
"During this she was crying and pleading for him to stop, and also pleading for Mr Te Weiri, who was sitting opposite, to make him stop.
"Mr Te Weiri sat there doing nothing."
Over the next few days the two men put in a "concerted effort" to say the teenager was a willing participant, Mr Mallalieu said.
"I am your boy, not that slut's," Te Weiri reassured Potaka in a text message after he spoke to police.
Later during the night of the party the teenager had consensual sex with another man.
Mr Mallalieu asked the jury not to judge her on that.
Potaka's lawyer, Roger Crowley, said there was no dispute that Potaka and the teenager had "sexual contact".
"The issue in this trial . . . is whether or not [the teenager] consented to that sexual contact or whether Francis Potaka believed on reasonable grounds that she was."
Mr Crowley asked the jury to focus on how drunk the people involved were, to listen to accounts of how the teenager was behaving at the party and to ask if what she alleged happened was possible, given she says other partygoers were sitting close by.
Te Weiri's lawyer, Mark Bullock, said his client had told police he should have got Potaka to stop, not because the teenager had not consented but because other people were close by.
"All [Te Weiri] did was sit there and do nothing and say nothing," Mr Bullock said.
Judge Les Atkins said this was the third attempt to get the trial under way after one was abandoned for "technical reasons" and the other resulted in a hung jury.
The trial continues.
- © Fairfax NZ News
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