Alleged rape was payback for owed drug money, court hears

A Dunedin man allegedly raped a woman because her partner owed him drug money, a court has heard.

Adrian Justin Waa (33) is on trial before the Dunedin District Court after pleading not guilty to rape, two counts of sexual violation by unlawful sexual connection and burglary.

The complainant told police she knew Waa as a member of the King Cobra gang, and he had stood over her boyfriend, pressuring him into selling drugs.

On September 22 last year when the defendant turned up at her home, the boyfriend was in prison, the court heard.

Crown prosecutor Robin Bates said the man was taxed by Waa and the gang, but still owed them "quite a lot" when he was incarcerated a month before the incident.

The alleged sex attack, he said, was a way of getting at the man through his girlfriend.

However, under cross-examination, the complainant denied her boyfriend owed Waa anything.

She went to police a month after the episode and said on the day of the alleged offending she was woken early in the morning by banging on her front door.

Waa — whose nickname was "Aged" — told her he would not leave until she let him in, she said.

Things allegedly became physical as soon she opened the door.

The defendant is accused of grabbing at her and pursuing the woman into the house as she tried to shut him out.

She told the police she sought refuge in her bedroom, but Waa pursued.

The complainant described the "huge" man stripping her of her clothes and performing a sex act on her as she repeatedly told him to stop.

"He kept trying trying to kiss me, sticking his tongue down my throat, but I wasn't interested at all.

"I can still smell him. I can still smell the alcohol," she told police during her video interview.

Waa then allegedly forced her into a sex act.

"Eventually, I just gave up," she said.

"I didn't have the fight any more."

The ordeal, the complainant told police, became increasingly harrowing.

"He kept telling me it wasn't going to be the last time. He was going to come back and do it again, every single day," she said.

When it was over, she left the room.

"I sat in shower for at least an hour and a-half. I didn't know what else to do," the witness said.

"I felt so empty ... and destroyed."

The complainant bought breakfast for Waa then left the house, spending the next few nights with friends.

She said she had "quite intense" bruising to her upper chest where the defendant had pinned her down, which she showed people in the ensuing days.

They would give evidence of her state following the incident, Mr Bates told the jury.

In his opening, he said Waa had made comments to police when he was arrested.

"F... that b.... This is going to start a war," it is alleged he said.

Counsel Anne Stevens QC said Waa had been invited into the home by the complainant and they ended up in the bedroom simply because she led him there.

The sex acts, she told jurors, were consensual, and there was no intercourse.

"There was no force," said Mrs Stevens.

She rubbished the Crown theory that it was an attack motivated by a drug debt.

"The defence says those accusations ... are a cover for [the complainant] and her infidelity while her man is in prison," Mrs Stevens said.

The witness broke down in tears, and the trial was adjourned for the day early, when questioned about an explicit video on her phone Waa had viewed while at her house.

Mrs Stevens suggested the woman had shown him deliberately to arouse him, but she said he had found it on the device while searching for something else.

The trial, before Judge Kevin Phillips and a jury of eight women and four men, is expected to conclude this week.

 

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