Drunk girl raped after bar eviction

KEITH LYNCH AND DAVID CLARKSON
Last updated 05:00 27/08/2011

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A mother is shocked that her 17-year-old daughter was raped after being "turfed out" drunk from a suburban Christchurch bar.

Christchurch District Court Judge Michael Crosbie remanded Nixon Penese, 20, in custody yesterday after the machine operator admitted sexually violating the girl he found in a car park so drunk that she could not stand.

The student and her under-age friends used false identification to get into the Bush Bar in Upper Riccarton at midnight on June 4 after drinking at one of the girl's homes, the court heard.

The teenager was evicted soon after because she was drunk. She fell over in the pub car park and collapsed at a bank car park nearby.

Penese found her there after being ordered out of the same bar. He had been travelling on a party bus.

He tried to get her into a taxi, but the driver refused the fare. At that time, the girl was so drunk she could not stand, the court was told earlier.

He then waved down a passing car and the driver took them to Penese's home in Hornby.

No-one else was home. Penese took off the girl's clothes and had non-consensual sex with her.

She was passing in and out of consciousness, and told him she was disoriented and scared.

The girl's mother, who cannot be identified for legal reasons, said she was glad Penese had admitted to the crime.

"I think it would have been awful to go through a trial and defended hearing," she said.

"I hope he can spend some time in prison usefully doing something to make his life better for when he gets out and make certain he will never do anything like this again."

She was disappointed Bush Bar staff let her drunk, under-age daughter in and then kicked her out later in the night.

"I find it shocking how she can be turfed out. The idea that it was OK to push out a drunk 17-year-old girl on her own into a pub car park," she said.

"It seems like a real lack of a duty of care. She was so ripe for any kind of predator. It was bad enough what happened, but at least we got her back alive."

She said her daughter was recovering from the ordeal and remembered snippets of the night including the attack itself.

Her two friends left the pub and went to Belfast Tavern.

"I would like to think your friends would look after you and make some attempt to find you," the young girl's mother said.

Southern Area Commander Inspector Malcolm Johnston said he was disappointed in how the security staff behaved.

"I would have expected, and I suspect the owner would have expected, a different response bearing in mind that within 10 metres of the bar there's a line of taxis."

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Staff could have spoken to the young girl and attempted to contact a friend or even her parents, he said.

"I was briefed that we had three very intoxicated 17-year-olds walk into the premises. How did three 17-year-olds that were grossly intoxicated walk into a licensed premise?"

Bush Bar beverage operations manager Ben Tolhurst said while he could understand the mother's anger the staff were "just following what the law states" by evicting intoxicated people from the premises.

"My staff do their best to make sure we have zero tolerance for anyone being intoxicated on the premises. We are not allowed to have people showing signs of intoxication on the premises at all.

"It's tough to say what the right or wrong thing to do was on the night."

- The Press

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