Rape-trial complainant ‘was consenting party’

Press, 18 June 1980, Page 4

Rape-trial complainant ‘was consenting party’

Nelson reporter

No force was used on the • complainant to make her have sex with two men who !had taken her up the Maitai •Valley, a jury was told in the High Court at Nelson vetserdav. This was the. evidence of Frank Griffo Bluegum, aged

18, a factory worker, who with Makatu Norman Williams, aged 21, a factory worker, has been charged with the rape of a girl, aged 17, on February 23 last. Both have denied the charge. Williams has also denied having indecently assaulted the girl. •The case is being heard' before Mr Justice Hardie Boys.

Mr R. B. Squire is appearing for the crown, and Mr D. J. Maze is appearing for both accused. A female witness, whose name was suppressed, said she and her boyfriend wpre parked at the picnic ground on the night in question. She saw three people, one of them a female, get out of the accuseds’ car. They walked about 200 metres up the picnic ground, turned

jround and came back again. One of the men had his [arms round the girl and she was trying to get away. She was screaming, or yelling, ans she yelled out something ! like “strangled.” Detective G. F. Stebbings said he interviewed Bluegum, who told him he had had intercourse with the complainant and that she did not want to and that she did not like it. Bluegum said that Williams also had sex with her and that he did not think she wanted to.

Witness produced a statement which he said had been made by Bluegum and signed by him. In it Blue!gum said that Williams was trying to remove her clothes and she struggled and was angry with him but he kept trying until he removed her clothes. The statement said that she did not want Williams or himself to have sex with her. He also interviewed Williams who at first denied having intercourse with her, then said he had had intercourse on the grass with her but that she wanted it. Mr Maze said that Willi a m s ’ s principal defence

’was that the complainant I was a consenting party;, to [every activity up the NJaitai Valley, and Bluegum would [say the same thing. j [ Bluegum said that after l 'the car left the party at 'Kawai Street, the com- ! plainant was sitting on Williams’s knee and they were [kissing each other. At the picnic ground Williams and the girl got into the back of [the car and they were kissing. I He drove off to, another I place and Williams and the | girl began kissing again. He [later saw Williams and her lon the back seat of the car land formed the impression [they were having sex, said witness.'

When Williams had finished, he (witness) then had I sex with the complainant. [He believed she wanted him Ito have sex with her. At no [time was force used on her and she did not struggle or cry, he said. He denied many of the answers he was alleged to have given to questions put to him by detective Stebbings. He also denied that many of the things which the statement alleged he had said were correct.