A man accused of rape told the court the only time the married complainant pushed him away was when he was leaving hickey marks on her neck.
The 29-year-old defendant, who has interim name suppression, gave evidence in the Invercargill District Court yesterday that the sexual acts that occurred in a parked car at a rest stop near Coronet Peak were consensual.
He has pleaded not guilty to two charges of rape, four of sexual violation by unlawful sexual connection, indecent assault and assault with intent to injure for what the Crown alleges happened before sunrise on December 8, 2022.
The defendant told the court that after a night of hitting some of the ski-town’s bars by himself, he was getting ready to head home when the complainant approached him.
"[She] came up to me with her feet together and I think she tapped me on the shoulder and in a very light, submissive voice said, ‘I think I really like you’," he said.
She mentioned she was married, but he was still "pretty direct" in asking her if she wanted to go home with him.
"Usually when you get girls coming up to you at that time of the night it means something."
But he told her his house was not an option because he had broken up with his partner the week before and they were still sharing a bedroom.
Earlier in the trial, the jury was shown CCTV footage of the two kissing before walking to where his car was parked.
"I was mentioning getting down in the car, doing something sexual ... she was keen ... she said OK ... she was thrilled, by the looks," he said.
The complainant gave evidence the day before that while she admitted to the kiss she thought the man was giving her a lift home.
The man told the court that, once parked at the gravel-covered rest stop, the pair continued kissing and she was "moaning and enjoying it" — so he asked her if she would like to get into the back seat.
"She said OK, I think, to be specific, in quite an enthusiastic and sexually charged tone."
This differed from the woman’s testimony, who said she did not know how she ended up in the back seat naked.
He said the first time he heard her protest was when he started giving her hickeys on her neck and she "pushed out" at him.
"She asked me, ‘is there a mark?’ And I think I said, ‘oh maybe a little bit’ and then we continued on."
During his cross-examination Crown prosecutor Mary Jane Thomas suggested the defendant was making up the hickeys to give the complainant a reason to lie about being raped and to give an excuse for neck-bruising the Crown alleged was due to him assaulting her.
"It looks extraordinarily like a hand on her neck," Ms Thomas said.
The complainant took a photo of the man during the alleged violation and he said he noticed her using her phone and "protesting" more.
The defendant explained he thought it was to "get a bit of dignity back" as there had been "no objections leading up to it".
But he said the relations carried on until he heard a man’s voice coming from her phone say "hello".
"I thought that’s a bit odd."
The man explained he thought the voice might be her husband and there might be some sort of "cuckoldry" going on.
But the two continued to have consensual sex.
Earlier this week, the court heard the woman’s husband, tracking her location, arrived at the rest stop and confronted the defendant.
"You went around the pubs to see if you could find a drunk girl to have sex with," Ms Thomas suggested to the defendant.
"You were so aroused and so ready for sex and drunk enough that you continued on, regardless of her protestations."
The man denied that was the case.
Closing arguments will be given by both parties today before Judge Duncan Harvey gives his summary and the jury considers its verdict.
