Rape accused says sex was consensual

BELINDA FEEK
Last updated 13:05 13/02/2014

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A Hamilton man on trial for raping a woman whom he picked up in his car says any sexual activity was consensual.

Mohammed Munif Sahib, 40, pleaded not guilty to charges of indecent assault, sexual violation by unlawful sexual connection and sexual violation by rape in Hamilton District Court on Monday.

Crown prosecutor Jacinda Foster told the jury that the victim had been socialising with friends in July 2011 at a bar in town before heading to a friend's house in Dinsdale.

By about 1.30am on July 21 she was feeling a bit drunk and called a taxi to go to her Hillcrest home. However, she only had $10 and the taxi driver refused to drive her any further than Greenwood St so she got out and began walking. By the time she reached Lake Domain she was approached by Sahib driving a ute who offered her a ride which she accepted.

Sahib headed back towards Dinsdale, grabbing her breast along the way. She told him to stop and asked where he was going but he didn't reply, the court heard.

Sahib pulled in to a driveway off Whatawhata Rd where the sexual assaults allegedly took place.

Scared for her life, the victim remained calm so Sahib didn't become angry and he drove her to the Mill St Pak N Save car park before running off.

Ms Foster said identification was not an issue as Sahib accepted it was him in the car.

Ms Foster said an earlier victim will also explain how Sahib picked her up and began propositioning her.

After getting near her house she put the automatic transmission in to park and ran from the car.

She will testify that Sahib drove around looking for her before driving off.

Sahib's lawyer Thomas Sutcliffe said his client admitted in both instances that it was he who picked the women up, but he denied any wrongdoing.

The sex with the first alleged victim was consensual and in the second case, Sahib admitted propositioning her but denied refusing to let her out of the car and chasing her afterwards, Mr Sutcliffe said.

The trial, before Judge Glen Marshall, is set to continue into early next week.

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- Waikato

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