Three charges of sexual violation

‘‘Moral failings, whatever they may be, do not amount to criminal responsibility. The defendant accepts he failed morally, he was in an extra-marital relationship with the complainant.’’

Anselm Williams

Defence counsel

An Ashburton man is on trial in the Timaru District Court on three separate charges of sexual violation after an incident at a bar in the town.

The jury trial began before Judge Joanna Maze yesterday.

The man, who has name suppression, has pleaded not guilty to two charges of sexual violation by unlawful sexual connection and one charge of sexual violation by rape.

Crown prosecutor Helen Bennett said in her opening address that the underlying issue of the trial was ‘‘likely to be simple’’.

‘‘It is whether the defendant could have considered consent to have been feasible,’’ Bennett said.

According to the Crown, the incident is alleged to have occurred on February 17, 2019.

Both the defendant and the complainant knew each other and had a ‘‘casual extra-marital relationship’’.

They had met on previous occasions for sex, but on this occasion, the Crown alleges he pushed her on her back and raped her.

‘‘The complainant felt like she could not stop him from having sex with her,’’ Bennett told the jury.

‘‘The complainant was telling the defendant to stop, that she didn’t like it and that it hurt.

‘‘The complainant was scared,’’ Bennett said.

Bennett told the jury that CCTV footage revealed the defendant went into a room adjoining the Tinwald Tavern about 9.04pm on February 17, 2019, with the complainant following shortly afterwards.

‘‘The defendant left the room about 9.17pm, the complainant 9.18pm. She looks visibly distressed,’’ Bennett said.

Subsequently, the complainant called the defendant about the incident. She recorded the conversation.

On May 14, 2019, the defendant agreed to a formal interview about the incident. He said all the sex was consensual.

Defence counsel Anselm Williams said the burden of reasonable doubt was of a high standard for a reason.

‘‘Moral failings, whatever they may be, do not amount to criminal responsibility.

‘‘The defendant accepts he failed morally, he was in an extra-marital relationship with the complainant.’’

Williams said the defendant did engage in sexual contact with the complainant at the tavern, but any sexual contact was consensual.

He said the defendant went to the police to be interviewed under his own volition.

Williams said the complainant’s recorded phone conversation with the defendant was a crucial piece of evidence.

‘‘I want you to listen very carefully to his reaction. And the fact he sounds surprised [about the accusations].

‘‘Right now, I want you to pay close attention, and keep open minds,’’ Williams said.

The trial is set down for several days.