Soldier acquitted of rape

Last updated 20:56 23/11/2012

Relevant offers


Dead West Coast toddler's father Dane Blake arrested Man arrested for alleged sexual offences spanning 20 years Hawera man arrested for alleged sex crimes Architect of the Len Lye Centre ploughs cyclist $40,000 scam victim may work into retirement and sell house Out-of-control youths party for two days in 'rubbish dump' home Invercargill man threatens to eat neighbour Man arrested after escaping cell at Nelson courthouse Yoon Sook Chun: Where is she? Man takes law into his own hands, reclaims jacket off thief

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