Daniel Erin Smith, 38, is on trial at the Dunedin District Court this week, defending five charges of sexual conduct with a young person under 16 and sexual violation by unlawful sexual connection.
The crown alleged that on April 21 and 22, 2023, Smith indecently touched the girl multiple times.
Smith allegedly touched the girl’s bottom and thighs and gave her what she described as "a creepy massage".
The complainant said later in the night Smith’s indecent behaviour escalated and he violated her.
"I just lay there because I didn’t know what to do," she said.
"I was just scared and disgusted."
The girl said Smith offered to buy her a vape if she promised not to tell anyone what he did.
Yesterday, Smith gave evidence the girl had lied about what happened on the night, which in his mind was "a pretty uneventful Friday evening".
He had a couple of beers and smoked some cannabis, but was sure the substances had not impacted his recollection.
Under cross-examination from Crown prosecutor Craig Power, Smith denied every allegation the complainant made.
The girl said earlier in the evening Smith had touched her foot with his.
"You were physically touching her because you had a sexual interest in her this night after you had the cannabis and the alcohol," Mr Power said.
Smith denied that was the case.
"Are you saying she’s lying when she says that’s what happened?" the prosecutor asked.
"Yes, I am," Smith replied.
In his closing argument, Mr Power highlighted that the girl complained to her mother and friends promptly after it happened.
"She may not have told all that happened to her, but there’s a clear theme of her being touched sexually and indecently by the defendant," Mr Power said.
"She gave a compelling account in the evidential interview of what the defendant did to her."
Counsel Meg Scally reiterated her client’s position to the jury in her closing arguments.
"Mr Smith has consistently denied that any touching took place," she said.
"I would suggest to you that what he’s told you is what happened that evening."
She reminded the jury the girl had not told police about the extent of the alleged violation.
"It’s important to consider that the complainant acknowledged that she broke the promise to tell the truth."
The jury is expected to begin deliberating today.
