A 14-year-old has told a Napier jury she was slapped by her mother for biting her mother's boyfriend and saying she didn't like having sex with the man, who ultimately infected her with HIV.
Niven Andrew Todd, 44, went on trial yesterday, charged with repeated rape and other abuse of the
girl, when she was 13 and 14. She was allegedly stupefied by drink and drugs supplied by the accused.
Dressed in a dark jacket and open-collared shirt, his blond hair swished back, the Auckland salesman and former prominent club golfer in Hawke's Bay admitted repeated sex with the girl, but claims she consented.
As the trial started before Justice Simon France in the High Court, he pleaded not guilty to 13 charges, but admitted 12 lesser alternatives relating to what Crown prosecutor Steve Manning said was the use of the girl as a "sexual plaything" for Todd's gratification on his trips to Hawke's Bay.
The charges relate to four separate dates on which Todd had sex with the girl last year, assisted by her mother who earlier this year was jailed after admitting her roles and agreeing to give evidence in the current trial.
The girl, now a high school student in Hastings, told a jury of seven women and five men she had been living with her grandparents and had never met Todd when he first introduced himself via text message.
Initially, apparently given her number by her mother, he asked if she wanted him to be her "mentor," her "friend," or her "confidante", but within a couple of days he was saying he wanted to have sex with her, she said in court from behind screens shielding her from the accused's gaze.
She told her mother who told her to reply, and she sent a message saying she did not want to have sex with him, she said.
The first time she met Todd was at Easter last year, when he arrived unannounced with her mother at her grandparents' home.
They took her to a restaurant and a movie theatre, where Todd began kissing her as her mother sat beside them. She said she felt "very uncomfortable", and her mother "just looked".
After the movie, she was taken to a motel where her mother ran water into a spa pool while Todd gave the girl a drink, which did not taste like the "Coke" she asked for, and made her smoke marijuana and sniff a drug she was told was called "Rush".
She became dizzy, and was told by Todd to take off her clothes and get into the pool with the naked adults, and he kissed and fondled her.
Eventually Todd led her to a bed and tried to have sex with her, against her protestations, but succeeded when he tried again after her mother had "whispered something" in Todd's ear.
Todd tried to get the girl to perform oral sex on him, but she "bit it", and she was slapped across the face by her mother.
Told not to tell, or she would get into trouble, she was then driven home to her grandparents.
The girl continued giving evidence about three other times in which she said Todd made her have sex with him, including violation by her mother.
In his opening address, Mr Manning said the offences started coming to light after the girl's cellphone was confiscated at school and messages on it were reported to welfare officers and police.
The girl and her mother made statements to police, but, interviewed in Auckland, Todd declined to comment.
After more than three hours giving evidence yesterday, the girl was to continue today under cross-examination by defence counsel Eric Forster.
(Proceeding)
A 14-year-old has told a Napier jury she was slapped by her mother for biting her mother's boyfriend and saying she didn't like having sex with the man, who ultimately infected her with HIV.
Niven Andrew Todd, 44, went on trial yesterday, charged with repeated rape and other abuse of the
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