Not guilty verdicts in sex case

A jury took less than two hours to find a Taranaki man not guilty of sexually assaulting a woman in her home.

Joseph Moses, 51, had pleaded not guilty to four charges, two of sexual violation by unlawful sexual connection and two of indecent assault, and had been on trial in the New Plymouth District Court since Monday.

Following closing addresses by the prosecution and defence yesterday morning, the jury of nine men and two women began its deliberations about 12.15pm. Less than two hours later, the foreman stood up and delivered unanimous, not guilty verdicts on all charges. The offending was alleged to have taken place sometime between September and December

2016 after Moses dropped off some milk and bread to the woman’s home.

The Crown alleged Moses approached the woman from behind as she was making him a coffee, groped her breasts then sexually assaulted her. A similar attack was then said to have taken place in the lounge. Moses denied this happened and when he gave evidence in his defence, he said he had touched the complainant’s breasts to initiate sex but as they walked to a spare bedroom the woman changed her mind so nothing else happened.

He also claimed he had two romantic encounters with the complainant in 2016 before the alleged incident, including one instance of consensual sex. This had been denied by the complainant throughout the trial. The woman, who cannot be identified, was one of four Crown witnesses to give evidence.

In his closing address, prosecutor Jacob Bourke said Moses had sexually assaulted the complainant in her home, a place where ‘‘she should feel safe’’.

He said the complainant had never consented to Moses’ unwanted sexual advances.

‘‘She said stop it, she said don’t, she tried to get away from him,’’ Bourke said. He said there was nothing about the complainant’s behaviour which gave Moses any inkling she was interested in him sexually.

‘‘He knew she wasn’t consenting, no reasonable person would think she was consenting.’’

Bourke said credibility and reliability were critical elements in the case and referred to the complainant’s evidence as plausible, believable and consistent.

Defence lawyer Paul Keegan said there were ‘‘serious and troubling inconsistencies’’ about the complainant’s account.

She initially told her partner Moses had grabbed her breasts before she kicked him out of the house but other details of the alleged assault were added along the way, Keegan said.

Keegan said Moses and the complainant had known each other for

20 years and after the one-off sexual encounter in 2016, Moses decided to ‘‘try it on again’’.

The complainant told Moses to stop because they were ‘‘just friends’’ and he did, Keegan said.

After the not guilty verdicts were delivered, Judge Chris Sygrove told Moses he was free to go.