‘This is not me’, says man on sex charge

A rising Taupo¯ motorsport star standing trial for having sex with a minor claims he is being targeted.

Faine Kahia, 22, is on trial in the Rotorua District Court charged with one count of having sexual connection with a young person aged 15 on the night of May 6, 2016.

At the time Kahia was 19. The alleged offence happened at the girl’s house after her parents went away for the weekend and she invited some friends to her house. Those friends invited more friends and alcohol was consumed.

It’s the Crown’s case Kahia, described in court as an “up and coming young driver”, had sex with the girl when she was asleep after drinking and she did not consent.

However, it is Kahia’s defence that he wasn’t aware the girl was only 15 and she had given her consent.

Kahia said in his police interview, which was played to the jury, that he believed he was being targeted by “manipulative” girls.

Prosecutor Anna McConachy told the jury they had to consider whether Kahia took steps to find out the girl’s age, whether he believed on reasonable grounds she was over 16 and whether the girl consented.

“She said she was asleep at the time and the law says you can’t consent to sex if you are asleep.”

In tearful evidence, the girl said she had not drunk much alcohol before and wanted to see what it was like.

Throughout the night she became intoxicated and vomited. When asked where she was on a scale of intoxication from zero to 10, the girl said she was probably eight.

She said she fell asleep but woke to find Kahia sexually violating her.

Under cross examination from Kahia’s lawyer, Warren Pyke, the girl denied she had earlier unbuckled Kahia’s belt while she was sitting on the couch with Kahia and her friend.

She also denied she told Kahia they could have sex and that she was on the contraceptive pill.

The girl’s mother told the jury her daughter was always “sensitive and conservative and had good friends”.

Kahia told police the girl’s story was “completely wrong”.

“I am smart enough to know the consequences if that was all true . . . I don’t deserve this. This is not me,” he said in his police video.

The charge carries a maximum imprisonment of 10 years. The trial is before Judge Tony Snell. The Crown finished its case yesterday and the defence did not call any evidence.

The judge is expected to sum up today.