A man is on trial for allegedly raping a prostitute in a shed near Mona Vale.
The woman said she was raped twice after she became uncomfortable about being taken to the shed and refused to go through with the sexual encounter.
She told the court that Rufus Joseph, a 21-year-old Indian man who works as a telecommunications sale representative, had threatened that she would be killed if she left.
Speaking to the Christchurch District Court trial by video link, she said Joseph paid her $100 afterwards for the sex after she decided to play along for her own safety.
Crown prosecutor Deidre Orchard said Joseph would say he had paid part of the money beforehand, but even so he had no right to force the woman to comply.
Joseph has denied charges of unlawfully detaining the woman with intent to have sex, two charges of raping her and two charges of sexually violating her by oral sex. Tony Garrett appears as defence counsel.
Orchard told Judge John McDonald and the jury that a prostitute did not give up her rights by agreeing to have sex with a customer.
She could stipulate what she was prepared to do and what she was not prepared to do.
"Most importantly, she can change her mind at any time and refuse to go through with the sex act even though it has previously been agreed," she said.
"Her rights are just the same as any other citizen, man or woman, who cannot be held to a sexual promise. Nobody can, whether it's a commercial activity or a non-commercial activity. There ain't no difference, ladies and gentlemen."
The woman told of working in Manchester St on the night of March 10 when she was approached by Joseph, who would not agree to her prices but finally agreed to a "quickie" for $90. This would involve oral sex and intercourse, taking 15 to 20 minutes in total.
He drove her to near Mona Vale and they walked to a shed, where she said she was not comfortable and did not want to go ahead with the sex.
Joseph said he wanted to have sex for an hour and spoke in his language to friends. She heard him say in English, "She's ripping me off".
He then told her he would hurt her. "Do you want to die tonight?" He said his friends were coming and they would kill her. She was terrified and crying.
She called the police on her cellphone but he took it off her. She got scratches on her hands as she struggled to get it back off him.
When she walked away, he grabbed her. She saw a car pull up nearby, with noisy occupants, and she thought his friends had turned up.
He told her: "Don't go out there. My friends will kill you."
She told the court: "I thought I was going to be the next woman found in the Avon River ... you know ... dead. I thought, if I don't go along with what he tells me to do I'm going to end up dead."
She thought if she kept on walking towards the car that had arrived she would be gang-raped and killed. "I made the decision to be submissive and get through this."
She apologised and calmed herself down.
Joseph went through her bag, where he took her community services card and found out her real name. He ordered her to undress and she did so, although she was trying not to cry.
He asked if she had previously been raped. He also told her he and his friends had scarred a girl's face and she did not work any more.
He then forced her into sexual acts she objected to. It stopped when they heard a security guard arriving to open a gate nearby.
They left but she did not try to speak to the guard. Joseph later gave her the cellphone back.
She said she was too shocked and scared to make a run for it when he stopped at a petrol station. She was not sure whether people would help her.
He threw $100 at her when they reached her home and she memorised his number plate as he drove off. It was the first time he had paid any money.
The trial is expected to last three days. The Crown will call evidence from about 15 witnesses.
- © Fairfax NZ News
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