Northland man charged with sexual violation of 13-year-old niece suggests consensual as trial begins

"She did not consent to what he was doing to her," the Crown said in openings to the jury. Photo / 123rf

WARNING: This article discusses sexual violation and may be upsetting to some readers.

A man accused of raping and sexually violating his 13-year-old niece while her mother was gambling will argue that the law is consent is possible at any age.

A trial has begun in the Whangārei District Court against a 34-year-old man from the Far North who is facing one charge of sexual violation by unlawful sexual connection, rape of a female aged between 12 and 16, threats to kill and perverting the course of justice.

Crown lawyer, Geraldine Kelly yesterday opened the case before a jury of eight men, four women and Judge John McDonald.

The court heard that in 2020, the defendant’s family and his cousin’s family spent the day at the beach before returning to his home for the evening.

His wife and his cousin decided to go and play the pokies, leaving his niece and her sisters at home with him.

The Crown said he began watching a movie with the child and allegedly began touching her inappropriately under the blanket before asking if she “wanted to go and do it up in the bedroom”.

The girl told her uncle “no” and that she didn’t like what he was doing to her, however it is alleged he proceeded to rape her on the couch.

In an evidential video played to the court, the girl said he only stopped because her mother came home but if she hadn’t “he would have kept going.”

“I said no but, he didn’t listen. I didn’t like it, I was scared so I stayed still because I didn’t know what to do because he was bigger than me,” she said.

The girl said she was too scared to tell anyone because she was afraid of what he might do to her.

Fast forward three years to 2023 and shortly before the trial was originally meant to begin, the defendant allegedly sent Facebook messages from his account threatening her to not give evidence.

The crown will call 12 witnesses including friends of the defendant who will say he told them he had raped a child.

“She did not consent to what he was doing to her,” Kelly said in opening statements.

The defendant’s lawyer, Mark Edgar, said there were several issues with the charges including the degree of penetration and consent.

“You will hear a level of sexual involvement occurred at that address in Northland. The question is was there penetration?

“There is also the issue of consent and it might surprise you to learn, that the law is anyone can consent whatever their age,” Edgar said to the jury.

Edgar said the Facebook messages came down to who sent them from his client’s account.

The trial is expected to last two weeks.

Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.