The trial involving the 24-year-old is wrapping up in the Hamilton District Court today with the Crown and defence issuing their closing statements to the jury of eight men and four women.
Kuggeleijn's defence lawyer, Philip Morgan, QC, says his client stopped carrying on with sexual activity when the complainant told him to on two occasions during the early hours of Sunday, May 17, last year.
However, after they woke up in the morning and began kissing and fondling each other again, he tried again.
This time, he didn't hear a "no", Morgan says.
"This case is about ... a young man who thought he could. A young man who heard the word 'no' the previous night and stopped and when he didn't hear 'no' the following morning ... intercourse occurred and that is not rape. That is not rape because the young woman can't prove that the defendant didn't have a belief based on reasonable grounds that the complainant was consenting."
The alleged victim claims that Kuggeleijn pinned her arms down and had sex against her will. Immediately afterwards she got dressed and left the room before bursting into her flatmate's room distraught.
Morgan told the jury to focus on the timeline around the alleged incident which happened just before 7am.
"What they did in the morning was exactly the same as what they did in the night and she didn't say 'no', the word that worked so well for her the night before ... so he thought he had a consenting partner and had intercourse with her."
Morgan says she relented due to the "social pressures" of her being labelled a tease by friends.
Kuggeleijn acted like any other man when he tried to have sex with the complainant the next morning, says Morgan.
"I suggest if I said to you that 100 men who have been in that situation and tried again you would have a forest of hands. There's nothing horrible about that, it's just a reflection of life and really what was Scott Kuggeleijn other than one of these men."
He submitted the complainant, who was very intoxicated, downplayed events from earlier in the night.
"They went straight into the house, straight into the bedroom and straight into clothes off. She rather attempted to play that down. She put it on the basis of 'that I was ok with him coming home with me'. It went a bit further than she was okay with him coming home with her because they got their gear off and got into bed."
Morgan will finish his closing submissions this afternoon. Judge Phillip Connell will then sum up the case tomorrow morning before the jury gets sent to deliberate.
