Date rape claim denied

A Hamilton man accused of rape allegedly had sex with a woman while she lay in a drug-induced sleep.

That claim against Travis Eugene Burrell was made by Crown prosecutor Mark Sturm during the first day of a trial in the Hamilton District Court yesterday.

Burrell, 42, pleaded not guilty to charges of rape, sexual violation by unlawful sexual connection and attempted sexual violation by unlawful sexual connection. The charges relate to a woman Burrell met on an internet dating website in late 2008.

The pair stayed in contact by phone, text and email before meeting at the woman's house on the night of February 27 last year.

It was then the woman was allegedly raped and sexually assaulted.

The court yesterday heard evidence from the woman who said she was "a bit shocked" when Burrell came to her home late at night.

It was the first time she had met Burrell and she struggled to recognise him from a supplied photo. The complainant said the pair had earlier talked about meeting that night but she had forgotten the discussion.

She later phoned Burrell to apologise and allegedly told him she had taken a sleeping pill and was going to bed.

The woman told the court she took the pill about twice a week on the nights a caregiver would come to her home and care for a disabled relative.

The medication would allow her to "switch off".

The caregiver let Burrell inside when he arrived at the address.

The complainant greeted Burrell in the lounge, telling him she was going to bed and suggesting he "go or stay, I don't care".

Burrell followed her to the bedroom where she feel asleep.

She claims she was woken by a sharp pain and discovered the accused having sex with her. The woman promptly ordered Burrell to leave.

In the Crown's opening address, Mr Sturm said Burrell either knew the complainant had not consented to sex when he started his acts or knew she was not consenting when she fell asleep during sex.

Under cross-examination from defence counsel Thomas Sutcliffe, the woman denied consenting to sex, saying having sex in her drugged condition would be "like having sex with a corpse".

Mr Sutcliffe said Burrell maintained the sex was consensual, but because of the woman's medication she might not remember giving consent.

Burrell said the complainant took the sleeping pill after he arrived.

The trial, before Judge Phillip Connell and a jury, is expected to finish tomorrow.

- © Fairfax NZ News