Coach cleared of sexual assault charges

AUCKLAND: A sports coach has been cleared of sexually abusing one of his athletes after jury found him not guilty on all five charges.

The man, who has name suppression, had pleaded not guilty to the charges relating to two incidents in Auckland and Christchurch in 2016 and 2017.

He was accused of forcing himself on a female athlete, who was nearly 40 years younger than him, whom he had trained since she was a teenager.

Summing up in the Auckland District Court yesterday morning, Judge Nicola Mathers said the man did not dispute the pair had sexual contact.

‘‘In respect of each charge the questions in dispute are about consent and belief on reasonable grounds in consent,’’ she told the jury.

‘‘Consent means true consent, freely given by a person who is in a position to make a rational decision. Lack of protest or physical resistance does not of itself amount to consent.’’

Judge Mathers said if the jury considered beyond reasonable doubt that the woman did not consent then they must then go further and consider whether the Crown had proven that the man did not believe she was consenting.

For the defence’s case Judge Mather said it was the man’s evidence that consensual sexual contact began months before an incident on December 8.

‘‘He said that she was always a willing participant and that everything that they did sexually was consensual. He told you that they would talk about what they wanted to do to each other and hence the text messages you have seen.’’

After four hours of deliberation the jury returned unanimous notguilty verdicts on all five charges. — RNZ