Court martial: RNZAF aviator accused of sexual violation not guilty

The 23-year-old woman [not pictured] alleged the man befriended her and then sexually violated her in his room at an Air Force base. Photo / 123RF

WARNING: This article discusses allegations of sexual violation that may be distressing.

Two Air Force colleagues agree they spent a day together earlier this year, going shopping, exercising and watching a movie in bed, but they both came away with different versions of how the evening finished.

The 23-year-old woman alleged the man befriended her and then sexually violated her in his room at an Air Force base.

However, the 40-year-old man, who has interim name suppression, offered a different account of events, alleging his colleague performed a sex act on him while she was asleep, tried to kiss him, and then ran out of the room.

Today the Leading Aircraftman was found not guilty by a panel during a court-martial at the RNZAF Base in Whenuapai, Auckland.

He pleaded not guilty to one charge of sexual violation by unlawful sexual connection.

Defence lawyer David Pawson argued the woman made up the story and “The complainant has a motive to be untruthful in the airforce,” as she was at risk of being removed from NZDF.

Pawson said the witness had changed her story by first stating the man had “tried to finger her” and later clarifying when asked by military police, that penetration was involved.

Pawson suggested to the jury that such “leading questions” could lead to contamination of the case.

About three months after the alleged incident, the man was arrested and interviewed by police, during which time he told them he “did not touch her, or penetrate her in any way”.

He also told police that in the Defence Force, “If a female changes her mind about sleeping with you, it’s sexual assault“ and “in terms of the Air Force, it’s a dangerous place for men to be alone with a woman”.

Defence lawyer Eleanor Rose Dyche argued the woman used a presentation on sexual ethics to formulate a false story.

“You’ve taken the keywords from that presentation and put them in your notes [that you referred to in your police interview].”

The woman said she only used notes during her police statement to remember minor details and dates.

The defence also asked about a quote from the police transcript where she talked about how she started to cry when the violation happened.

“I started crying, but I just wanted to know how it feels like but I don’t know …”

She initially denied saying that but later admitted after hearing the audio of the interview.

Prosecution Captain Paula Lee described the alleged incident as “a failure of comradeship”.

“The complainant in this case trusted the accused … and saw them as a mentor in a time of vulnerability.“

Crown prosecution lawyer Sam McMullan noted that messages show the woman pushed back when invited over until her colleague assured her other people were at the flat - which she alleged wasn’t true.

“The objective evidence you have are the Facebook messages.

“It’s clear on both sides of the evidence that she was stand-offish, and he was pushing for physical touch,” McMullan said.

The woman said she was lying next to the man, who was 39 at the time and closed her eyes to rest.

He then allegedly put his hands up her skirt, underneath her underwear and violated her.

“I was silent, my eyes were closed, I can hear him saying my name, but I couldn’t say anything.

“I was shocked because I have never had an intimate relationship with anyone.

“I was feeling so much pain ... I started tearing up silently.”

She alleges the man then tried to get on top of her and kiss her, and she pushed him away.

Jaime Lyth is a multimedia journalist for the New Zealand Herald, focusing on crime and breaking news. Lyth began working under the NZ Herald masthead in 2021 as a reporter for the Northern Advocate in Whangārei.