Defendant tells rape trial woman wanted sex

FLORENCE KERR
Last updated 09:16 26/02/2014

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A prominent Waikato businessman has refuted claims he raped a woman part way through consensual sex.

The man, who has interim name supression, is on trial in Hamilton District Court where he has pleaded not guilty to one charge of unlawful sexual connection via rape.

At the second day of the trial yesterday, the man told the court the alleged victim had initiated sex with him.

The woman told the court on Monday she was allegedly raped by the businessman in 2009, part way through consensual sexual intercourse. The woman explained that during sex she felt a "gush" from her genitals. When she looked down she noticed she was bleeding.

She asked the man to stop three times because it was hurting her, but she said the man continued until he ejaculated.

The court heard the woman was taken to hospital where she spent five days after having surgery to repair damage to her body.

The man delivered a conflicting view when he gave evidence to the court yesterday. He said the woman woke him when she went into his room, she jumped into the bed naked, they talked and caressed each other before intercourse began. The woman had previously told the court the man had initiated sex.

The man said at the time of the incident he had a cast on his arm because he had broken his wrist in an accident. He had suffered neck and head injuries and was not well on the day of the alleged rape.

When the consensual sex began, he said he was on the bottom and could feel something warm.

"All of a sudden I realise something warm, we stop have a look and there was some blood . . . It looked like a menstrual discharge."

The man said the pair did not resume sex. He said the pair got up and changed the sheets together. The woman went to have a rest in the guest room, and the man said he went in to "comfort he" and gave her a blanket. He went back to the room, closed the door and went to sleep.

The man said he did not lock the door but the woman had earlier told the court she could not get into the room to ask the man for help when the pain of her injuries increased. The court also heard that on the day after the woman's operation, she went to lunch with the man. He described the occasion as a happy one. But the alleged victim told the court the man had asked her not to talk to police.

Crown prosecutor Louella Dunn asked the man whether he continued to have sex with the woman after it was clear she was bleeding.

The man replied: "Definitely not."

Earlier the court heard from Doctor Narena May Dudley, a qualified obstetrician and gynaecologist with 15 years experience. Dr Dudley performed surgery on the alleged rape victim and described the woman's injuries as "life threatening".

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In her notes from 2009, Dr Dudley said that upon inspecting the woman, she noticed a low grade infection.

The man's lawyer, Paul Mabey QC, asked Dr Dudley whether the infection could have led to the bleeding.

Dr Dudley said it could be a possibility.

The trial continues today.

- Waikato

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