Sex was not consensual, says woman

LYN HUMPHREYS
Last updated 05:00 02/05/2014

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A young New Plymouth woman has strongly denied claims she got a condom for the man she accuses of raping her and making her pregnant.

The woman told the jury in the New Plymouth District Court yesterday that she discovered she was pregnant and was considering an abortion when she miscarried.

She did not have condoms in her room because she was not sexually active at the time.

Puhepe Tama Bishop, 21, denies three counts of sexual assault as a result of the encounter at a flat on June 15, two years ago.

Bishop is charged with rape, unlawful sexual connection by digital penetration and indecent assault by touching her breasts.

In cross-examination, Bishop's lawyer, Kylie Pascoe, said the woman had gone to Waves health centre in New Plymouth four days before the incident and her medical notes showed she was given condoms.

The complainant replied she did not remember the visit but agreed the notes must be correct.

Pascoe said the "random sexual encounter" was fully consensual that night. The woman had got up out of bed to get a condom out of a drawer in her bedroom for Bishop to wear.

The complainant strongly denied both allegations.

Earlier Bishop wiped away tears as he listened to her evidence of what happened that night.

She said she went into town with a large group of people - friends and relatives of her flatmate - after joining the party in the garage at her flat.

Bishop, her flatmate's son, was among them but she didn't recall being introduced to him.

After she went to bed Bishop knocked on her door and asked if he could sleep in her bed because there was no room elsewhere.

"I said OK he could sleep on my bed. I made it clear he could sleep on the other side of the bed."

They talked but when he asked to have sex she told him she "wasn't interested at all".

She pushed his hand away when he "groped" her breast and pushed his face away when he attempted to kiss her.

He kept getting closer until she was pushed up against the wall and he got on top of her, pinning her to the bed.

"He asked if I had any condoms and I said no. I wasn't sexually active at that time and I didn't have any.

"He was much bigger than me. I was scared and angry. I felt helpless.

"By that point I was mentally resigned [that she would be raped]. It had reached the point nothing was going to stop this happening so I gave up."

Afterwards he lay on the bed for a short time then left saying nothing.

She felt disgusted and scared, confused and shocked wondering why it had happened to her.

When she discovered she was pregnant about five weeks later it could only have been Bishop, she told Crown prosecutor Justin Marinovich.

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Pascoe said the complainant and Bishop had kissed and she had given him oral sex.

"This did not happen at all," the complainant replied.

Pascoe said the complainant had got out of bed and got condoms out of a drawer.

"I did not have any condoms. I did not get out of my bed," the woman said.

"It was a mutual encounter," Pascoe said.

"No, it wasn't."

Condoms were not 100 per cent safe, Pascoe said.

The complainant said she had not called for help because she "had no one I could trust in that house".

In the weeks that followed, the complainant remained at the flat and Bishop had continued to visit the house, Pascoe said.

The complainant agreed, saying she was trying to find somewhere else to live. When Bishop arrived she would leave the house.

She said she mistakenly befriended Bishop on Facebook and later "unfriended" him.

The trial continues today.

- Taranaki Daily News

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