13-year-old tells jury she was raped in reserve

A court yesterday heard a 13-year-old girl tell how she was forced to smoke cannabis before being raped by a man she had met while walking in a park.

The girl, who cannot be named for legal reasons, was walking home from the dairy when she met Aukusitino Fa'atafa, 35, in Pt Chevalier on Easter Sunday last year.

She had been given 60c by her father to buy lollies, and Fa'atafa was trying to find his way home after a "big night out", the High Court at Auckland heard yesterday.

Fa'atafa is charged with rape, two counts of sexual violation, one of detaining without consent and supplying cannabis to a minor. He pleaded not guilty, stating it was consensual and instigated by her.

Crown prosecutor Fionnghuala Cuncannon said Fa'atafa saw the girl and called out to her. She told him she was 13.

He said she reminded him of his little sister and asked if he could hang out with her, Ms Cuncannon said.

They walked together along a path to a BP service station, where Fa'atafa bought a pie, two bottles of V and cigarettes.

The girl said she asked for help from a woman at the service station, who didn't assist her, instead saying: "Just stay away from him."

Fa'atafa came out and they walked into Oakley Reserve.

Ms Cuncannon said the accused took her into the bushes, rolled a joint and put it in the girl's mouth, holding her face as she smoked it.

In a video interview played to the jury, the girl said Fa'atafa told her to take her pants off. She refused so he took them off, sexually violated her and raped her.

After the incident, she said, she walked home, with Fa'atafa following.

She told her stepmother what had happened and she went to the reserve and confronted him.

The girl told police the attack left her feeling "revolting and disgusting" and "he got me stoned".

When asked why she didn't run away, she said each time she tried to, he would stop her by grabbing her arm.

Fa'atafa handed himself into police the next morning.

His lawyer, Mele Tuilotolava, said the girl was 13 but that didn't mean she wasn't able to give voluntary consent to sex.

"Jurors might be of the view this young girl is also capable of instigating the first meeting, the first conversation, inviting him to walk away with her as she makes her way home."

Ms Tuilotolava said the girl was on her "own turf" so knew the area well and didn't run away from Fa'atafa.

"She got there of her own free will and she took part in what she wanted to take part in."

The trial is expected to last eight days.