Crown alleges woman raped while asleep

Press, 28 September 1988, Page 13

Crown alleges woman raped while asleep

Sleeping in the back of a car in Hereford Street near the Occidental Hotel, a woman, aged 20, who had been drinking wine, was raped and she did not awaken until intercourse was taking place, Mr Justice Williamson and a jury were told in the High Court yesterday. Edison St Martin Rangi Smith, aged 25, a bone carver, has pleaded not guilty to a charge of sexual violation by rape. The trial will end today. Mr Brent Stanaway appears for the Crown, and Messrs Rupert Glover and Tony Garrett for Smith. On the evening of April 8, two women flatmates went for a drink after work, Mr Stanaway said. The complainant had one glass of wine in the Worcester Bar of Noahs Hotel.

They went on to the Chancery Bar, where the woman drank more wine and then felt ill. She went to the toilet, vomited and stayed there for about half an hour.

About 10.30 p.m. the two women returned to the car park at Noahs Hotel where they had left their car. They could not start the car because the lights had been left on and the battery was flat. After getting a man to help them start the car, they drove to the Occidental Hotel to go to Flappers Nightclub. While her companion went into the hotel, the woman fell into a deep sleep in the back seat. She had worked throughout the day and had had little to eat. Before going inside, her companion revved up the car engine several times to try to charge the battery. Some men, one of whom was Smith, came over and asked what was wrong. The woman went into the hotel leaving her friend in the back seat of the unlocked car. She saw Smith and his friends in the bar. Twice the woman checked on her companion and found her asleep. Just before Flappers closed, about 1 a.m., she went out for a third time

and found . her friend huddled in a comer in the back seat, trembling and in a very distressed state. She was in tears and in a state of shock. Eventually she told her companion that a Maori had forced himself on her. About 12.30 a.m., Smith had left Flappers and returned some 15 minutes later. That was when the Crown said he got into the back seat and had intercourse with the woman while she was asleep. Sexual intercourse was taking place when the woman awakened. She tried to push him off, but he was too heavy. Smith said nothing during the incident. Intercourse lasted two to three minutes. Then Smith took off. About a month later, on May 4, Smith was interviewed by a detective. At first he denied having sex with the woman, and then admitted that he had, with her consent. Smith said that he was walking past the car when the woman called out to him that she wanted to go to the toilet. He helped her down an alley and then back to the vehicle.

There they had consensual intercourse. She kissed him goodbye, Mr Stanaway said. In evidence, the woman said that her last recollection was getting into the car and falling asleep. “The next thing I recall, is waking up with this guy on top of me. “I remember gritting my teeth and trying to push him off, but he was too big and solid. “He was on top of me with one hand on the bottom part of the seat and his left hand on the top.

“His legs were sticking out the door .which was open,” the witness said.

He had short dark hair and was part Maori. She had never seen him before. He did not strike her, and she was not hurt in any way. “I couldn’t believe it. I was just shocked. I told him to get off or something like that. After he left I just lay there and burst into tears,” the woman said.