Party sex assault case: Defence accuses victim of concocting story

A woman who claims a prominent professional man sexually violated her at a party is accused of concocting the story because she is "prone to dramas".

But the alleged victim insists she did not make the attack up.

She has told a court that just hours after she was sexually violated, the man sent her a Facebook friend request while she was giving a statement to police.

The man went on trial today in Manukau District Court. He faces one charge of indecent assault and two of sexual violation. He denies all charges.

Crown prosecutor David Stevens told the court the charges related to events at a party at the man's Auckland house in September 2014.

The woman claims she went to sleep in a bedroom after a night' drinking but the man visited her room three times, removing her clothes and violating her against her will.

The court heard that after the third attack, the woman ran from the house and called her flatmate.

"I told her that something awful had happened and could she come pick me up."

The woman returned home, told her flatmate what had occurred and called police.

Police arrived at her house later that night and were taking a statement when the man's friend request appeared on her phone. The officer told the woman to deactivate her Facebook account, which she did.

She told the court she later went for a medical examination. She was in pain from the attack and suffering migraines, she said.

"My head just kept spinning because of what had happened."

Defence lawyer Paul Borich asked whether she had drunk too much and if she couldn't remember certain details because of intoxication.

After the woman told the court the defendant had flirted with her before, hitting on her at a sport social event, Borich questioned whether that was believable.

"I want to suggest to you that nothing like that happened. You've made that up about him trying to hit on you."

The woman denied lying.

"I want to suggest that you're prone to a bit of drama," Borich continued.

When the woman admitted she had not told her partner where she was the night of the party, Borich accused her of concocting a story about the sex attack to "deflect some of the heat" she would have received from her partner.

"No," the woman replied.

The woman earlier described being sexually violated by an older man after "freaking out" and barricading herself in a bedroom.

The incident is alleged to have occurred at the party at the man's house.

The alleged victim gave tearful evidence this morning on the first day of the trial at Manukau District Court.

Her alleged attacker is a prominent, professional man. He was granted interim suppression by judge John Bergseng after defence lawyer Paul Borich QC argued identification of his client could negatively impact the man's business.

The court heard the complainant had arrived at the party in the early afternoon. The party was hosted by the defendant and his partner.

Giving evidence from behind a screen, the woman said she knew the defendant socially and that he had flirted and tried to hit on her before. That night she drank up to five Jim Beam and L&Ps plus three beers before grabbing a feed and retiring to a bedroom where a mattress had been left for her to sleep.

After a short time she heard footsteps and the door opened, she told the court.

"Then I heard the door close. What shocked me is I could feel somebody's hands touching my body."

The man's hand was under her hoody and touched her breast, the court heard. She smelled alcohol on the defendant's breath.

"I told him to stop. He got up and walked out."

Sometime later the woman heard the same heavy footsteps, the court heard.

"He entered the room again. He just came up from behind me, grabbed my right shoulder and turned me around on my back. That's when he started to apply more force.

"He got on top of me and pulled my pants down ... it felt like a lifetime."

She said the man sexually violated her and there was nothing she could do.

She added that the defendant was aggressively kissing her neck and mouth.

"He was just saying how he found me attractive. No one needed to know and that I could text him and we could meet up in a hotel.

"I told him that he had to get off me and get out. He told me if I wanted him to get out I had to kiss him, which I did."

The man left the bedroom and the woman said she was freaking out "to the point I was going insane in my head".

"I started crying and pulled the bed up against the door thinking I would be safe, but no."

She started grabbing her things and tried to ring her brother but could not get through. Then the door opened and the defendant pushed the bed aside and re-entered the room, the court heard.

"This time he was looking angry," the woman said. "I was already on my back. He got on top of me. He pulled my pants down again and instead of him using his fingers he used his fist."

The woman said the experience was painful and rough.

"I just cried. It was like I couldn't say anything. It was like I just froze."

Earlier, crown prosecutor David Stevens told the court the woman did not want to be touched by the defendant and had told him to stop.

Analysis of DNA taken from the woman's underwear suggested it had likely come from the defendant or his paternal relative, Stevens said.

However, Borich said the man denied entering the woman's bedroom and her story was "implausible".

"The complainant has simply imagined, dreamt or made up this sequence of events."

He added that processing of the DNA evidence was "simply woeful" and the onus of proof was on the Crown.

The trial continues.