Victim says accused didn't respond to pleas for help

FLORENCE KERR
Last updated 05:00 25/02/2014

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A woman who had to have surgery after an alleged rape by a high-profile Waikato businessman was yesterday grilled by the man's lawyer over changes she made to her evidence.

The trial of the man began in the Hamilton District Court yesterday where he pleaded not guilty to one charge of unlawful sexual connection via rape.

The alleged victim, while under examination by Crown prosecutor Louella Dunn, said that she was raped by the businessman in 2009, part way through consensual sexual intercourse.

The accused has interim name suppression.

"We were talking in the bedroom . . . We were talking and he was asking me for sex," she said.

"I said no I can't give you sex because it's not right . . . "

"He asked me for a quick one . . . [he's] touching me slowly and I couldn't refuse that one, so I said a quick one because I've got to go to work."

She explained that during the sex she felt a "gush" from her genitals. When she looked down she noticed she was bleeding.

She then asked him to stop because it was hurting her.

"He doesn't care, he just keeps going."

The woman said she told the man he was hurting her. She said the man told her he wanted to orgasm.

She said she asked the man to stop three times, but he continued.

The woman couldn't remember if she helped change the sheets on the bed with the man, but remembered having a shower then going to the guest room to lie down in the hope the pain in her abdomen and ribs would cease.

She said she passed out for 10 minutes and awoke because she couldn't breathe properly.

She crawled back to the room to seek help from the businessman but the door was locked.

"I keep knocking [for] him to help me . . . [there] is no response from [the] room."

The woman was later taken to hospital in an ambulance where she spent five days after having surgery to repair the damage.

During cross-examination, the man's lawyer, Paul Mabey QC, questioned her evidence.

Mabey said that the series of events the woman described did not match her signed statements to the police and the court in 2009.

Mabey asked the woman to read out her statement to the court. In her statement, the woman did not tell police that the door to the bedroom where the business man was had been locked when she sought help.

"Did you go to his bedroom door and bang on it to wake him up but he did not wake up, what happened?"

The woman answered: "He did not answer, no reply at all, I ask, ‘help'."

"But he had just been in your room," Mabey said, referring to her statement that the man had entered the room where the woman went after sex.

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"To ask how you were and to give you a blanket?" Mabey said.

"Yes," she replied. "Because I am shaking."

Mabey then asked if she'd ever said the door was locked before.

"Yes because I open the knob and I can't open it," she replied.

But Mabey said there was never any mention of that in her initial statements, and continued to press her on the issue.

The woman broke down saying she tried the door at the time. She was in extreme pain, but did not receive help from the man.

Mabey also pointed out differences in the way in which the sexual act occurred and the order of the events she described.

The trial, before a judge, continues today.

- Waikato Times

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