Belinda Feek is a NZ Herald reporter

Northern Districts cricketer's rape trial: 'She was dressed provocatively'

Northern Districts cricketer Scott Kuggeleijn is on trial for rape. Photo / Getty Images
Northern Districts cricketer Scott Kuggeleijn is on trial for rape. Photo / Getty Images

A Northern Districts cricketer on trial for rape says the complainant was dressed "very provocatively" with her "breasts out" the night the alleged incident happened.

Scott Kuggeleijn, 24, today took the stand in the trial against him where a woman claims he raped her at her Hamilton flat in May last year.

The woman claims the cricketer over-powered her and held her arms up over her head as he had sex with her.

The couple met at a mutual friend's birthday party in Silverdale before heading into Furnace bar in Hamilton. They left shortly after arriving and went to the complainant's house.

Crown prosecutor Jacinda Foster put to him that it was more than twice that he tried to have sex with the complainant that night.

Kuggeleijn responded that by trying twice he was being persistent.

Foster also called him up on "disparaging" comments he and a friend made about the complainant at the party earlier in the night, commenting on what she was wearing and how she was acting.

"I may have said that she looks like she likes penis. I may have said that ... she was talking about things that a lot of women don't talk about ... she was dressed quite revealing ... [she had] a short skirt and pink top with her breasts out. She wasn't dressed conservatively like when she came to court on the first day. She was dressed very provocatively."

In questioning with his lawyer Philip Morgan QC, Kuggeleijn says that although they were seconds away from having sex, he immediately stopped when she said no the first time.
"I moved myself between her legs and on top of her ... she said 'no'. She might have said 'no, stop' but 'no' was the gist of it."

He told the jury of four women and eight men that shortly afterwards they again began kissing and touching each other before he removed her underwear again and went to have sex with her when she said 'no' again. He immediately stopped but asked her why.

"I asked her why cos I was wondering why she wanted to do this other stuff but not sex ... she said it was weird because something happened with my brother."

He couldn't recall if he told her "but that was years ago".

Morgan asked him about the complainant's comment that she didn't want to have sex.
"She didn't say that," he said.

"She has spoken of you making several attempts [at having sex with her]" Morgan asked.

"That's not true ... [only] twice."

When told no for a second time, Kuggeleijn said he "went to sleep".

Kuggeleijn, who is now back in a relationship with the mother of their child, said after hearing her concerns that day he sent her a text later that night apologising, "I just want to say I'm sorry and that I hope that you are okay. I have heard that you felt you couldn't say no and were pressured into things. It's pretty chilling to hear and to think of myself in that light but looking back I was very persistent," he wrote in the text.

When questioned by Morgan why he wrote that, he said he'd felt "sick to my stomach" after hearing how she felt.

"It doesn't put you in a good light."

Earlier, Kuggeleijn confirmed he first met the woman a few weeks before the alleged incident, before meeting her again at a friend's party in Silverdale.

Kuggeleijn says he was approached by a friend of the woman early in the night and told that he should "get with" the complainant.

He says he ignored the statement as he didn't know her properly.

However, they later start talking and "flirting" with each other.

"It was just the nature in the way she was talking and how she was talking ... [she was] quite touchy feely, I guess."

He was standing in the kitchen with his friend and the complainant when they began joking around. She then grabbed his crotch, he said.

"I thought she must be quite keen on me because it's not something you normally do ... she just seemed very flirty and talked about a lot of different things that a lot of women don't talk about."

Soon after they decided to go into town and the pair started "kissing and hugging" in the back seat.

They went into Furnace bar where they danced and kissed before leaving 17 minutes later.

When asked by his lawyer why he left so soon, he said they were getting on well and he thought they'd have sex.

He said the pair "were pretty clearly into each other and I thought she might want to go home and things might lead to sex and by going home earlier you avoid a bigger hangover, I guess."

Kuggeleijn will continue giving evidence tomorrow. The trial is due to wrap up on Monday.

- NZ Herald

Get the news delivered straight to your inbox

Receive the day’s news, sport and entertainment in our daily email newsletter

SIGN UP NOW

© Copyright 2016, NZME. Publishing Limited

Assembled by: (static) on production apcf03 at 06 Dec 2016 13:59:08 Processing Time: 330ms