According to a summary of facts obtained by the Herald, police allege the men met the victim at Freeman and Grey on Ponsonby Rd. She was not known to either of them.
“While at the bar, the defendants and their associates gave the victim several drinks to consume in quick succession. The victim was highly intoxicated.”
The document said the woman suffers from memory loss during elements of the alleged events.
It alleges she left with the men in a Suzuki Swift and was digitally abused by the 20-year-old man while the vehicle was moving.
Her next memory, the document said, was of being raped by the 25-year-old man in the back seat and telling him “no” and “stop”.
But Police allege the defendant did not stop.
“During this sustained rape, the victim suffers memory loss again.
“The next memory the victim has is of sitting in the front passenger seat of the vehicle again, crying.”
The older man and the associate exited the vehicle and the 20-year-old asked where she wanted to go, the document said.
It alleges she said a beach and the younger man drove her to a nearby beach.
“The defendant kissed the victim who kissed him back.”
She recalls him taking off his clothes in the back seat of the car and the vehicle stopping at different addresses.
The document alleges he sexually assaulted her.
“The victim said she didn’t want to do it and used her hand to block his penis.
“The [defendant] suggested he would take the victim on a date, but the victim still said no.”
She was later driven home.
The document said she suffered bruising to her wrists and has mental and emotional trauma.
It stated the 20-year-old man said nothing happened between him and the victim as she was too drunk to consent.
The older man admitted the sexual contact outlined above but stated the victim was capable of consenting, the document said.
The 20-year-old man is facing three charges of sexual violation, which each carry a maximum sentence of 20 years’ imprisonment.
He is also charged with one count of attempting to sexually violate the woman, a charge that holds a 10-year maximum sentence.
The other man is facing two sexual violation charges.
Police unsuccessfully opposed the men’s bail applications.
Community Magistrate Terence Bourke rejected the younger man’s application for name suppression; however, his lawyer requested time for his client to consider whether to appeal this decision.
Community Magistrate Bourke granted him seven days to make an application to a judge.
The older defendant was granted interim name suppression for seven days for him to also make a name suppression submission.
He gave both men a curfew from 7pm to 7am and barred them from travelling near where the victim lives.
They were also ordered to surrender their passports.
Katie Harris is an Auckland-based journalist who covers issues including sexual assault, workplace misconduct, media, crime and justice. She joined the Herald in 2020.
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