Attempted rape denied

Press, 7 November 1978, Page 7

Attempted rape denied

A man .attempted to rape] a young married woman tak-i ing a short cut through the, car-park of Haywrights, Ltd,! at Upper Riccarton, on the: evening of June 20, Mr Justice Casey and a jury were told in the Supreme Court. The man, whose name was suppressed “because his de facto wife has two young children” has pleaded not guilty to alternative charges of attempting to rape the woman and indecently assaulting her. The trial is expected to finish today. Mr G. K. Pankhurst appears for the Crown and Mrs D. J. Orchard for accused.

Opening his case Mr Pankhurst said the woman had lleft her home about 7 p.m. :to make some purchases at a Church Corner dairy. On the way there she had seen a man with a young German Shepherd pup on a lead. As she was returning home through the carpark she saw the man and the dog again only this time the dog was running free. The man spoke to her and she replied and walked on.

Becoming apprehensive when she heard the man following the woman quickened her pace. The man caught up with her and forced her against a wall. The man threatened her and told her to do what he said. After attempting to rape the woman the man said: “You can’t get me for rape as I haven’t harmed you.” Distressed and crying the woman ran to a nearby house to get help and then

to her home where her husband called the police. Evidence would be given by the woman that the man : who attacked her had a [young pup, wore distinctive brown workboots, and she would identify accused as that man.

Detective-Constable S. J. Holley picked accused up at his place of work on July 5 and took him to the Central Police Station for questioning. Accused admitted that he lived near where the woman was raped, had a young German Shepherd pup which he took for a walk after work but he denied attempting to rape the woman. After further inquiries accused had been arrested two weeks later, Mr Pankhurst said. , The woman said in evidence that the man had (pushed her up against the wall in the carpark, Hpld her and kept saying: “I want you to kiss me.” She had been very scared and had tried to get away but he had held her so tightly that she could not.

The man started kissing her and kept saying: “If you do as you’re told you won’t get hurt.” Witness told him that she had to get home to her family. Every time she tried to move he just pushed harder. She was very confused and upset and did not know what to do. At one stage accused said: “If you don’t stop it I’ll kill you.” She did not know if he was serious or just said P to frighten her. He carried on kissing her and handled her indecently. He held something close to her neck

and everytime she made ai noise it got tighter. As soon as she tried to i cry out accused put his hand! over her mouth and told her j to shut up. He said: “Oh! you’re lovely and you must! want it.” She replied: “No, L just want to get home.” As accused kept threat-j ening her his voice changed! from that of a normal per-! son to that of someone get-! ting angry. She did not know what to do. Because she kept struggling so much she could feel her trousers falling down. He unzipped his trousers.

After attempting to rape her he let her go and said: “You can’t get me on rape. I haven’t harmed you.” She grabbed her things, pulled up her clothes and ran out to the road where she spoke to a woman, witness said.

At one stage during the incident she had said: “Please. I don’t want to get pregnant” and he replied something to the effect that he was sterile.

Detective-Constable Holley r said that accused had agreed to go on an identity parade if his solicitor was present, but after speaking to his solicitor on the telephone he refused.

The defence will open its case this morning.