Auckland man found not guilty of sexually violating Kiwi musician

The trial was held in the High Court at Auckland this month. Photo / File

Warning: Sexual content and themes.

An Auckland man has been found not guilty of sexually violating an accomplished Kiwi musician several years ago.

During the trial, in the High Court at Auckland this month, the musician described being invited to a private dinner at the man's home on a "horrifically stormy" night in 2013. He claims his wine was potentially spiked before being sexually violated.

This afternoon, jurors found the man, who continues to have interim name suppression, not guilty of sexual violation and attempted sexual violation.

The man's lawyer, David Jones QC, questioned the musician and suggested any sexual activity with his client was consensual.

After arriving at the house, the musician told the court the setting reminded him of the murder mystery board game Cluedo with a fire crackling in the corner and classical music blaring from the sound system.

He said the man shifted the conversation from talking about the musician's recent studies in North America to asking if he had someone to "teach or educate him in a sexual sense".

At dinner, the musician agreed to stay the night in the home, but described then feeling woozy, vomiting and having blurry vision after two or three glasses of wine.

He said he "felt like a lamb being led to slaughter" and described what followed as an "an out-of-body experience".

The man then led him to the bedroom, the musician said.

The musician said he "felt drugged" because he had a memory of being in the bed with the man but didn't feel attached to his body and was groggy the following day.

"I remember thinking, this is what's going to happen to me now … I'm going to be sexually assaulted.

"I just knew that was my fate, basically."

However, Justice Mary Peters in her summation to the jury said: "There's no evidence that [the complainant] was drugged that evening.

"The evidence we have is that [the complainant] had up to three glasses of wine ... His suggestion to you that he might have been drugged is not something to be entertained."

Prosecutor Simon Foote QC told jurors the musician "said nothing, did nothing" but several years later felt compelled to make a complaint with the police.

The details of why the musician, whose identity is protected by legislation, approached police cannot be reported by the Herald due to a court order.

While the musician didn't immediately notify police, he did later warn others not to visit the man's home alone.

Sexual harm - Where to get help
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone, contact href='https://safetotalk.nz/' target='_blank'>Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email support@safetotalk.nz
• For more info or to web chat visit target='_blank'>safetotalk.nz
Alternatively contact your local police station - href='http://www.police.govt.nz/contact-us/stations' target='_blank'>click here for a list.
If you have been sexually assaulted, remember it's not your fault.