Christchurch rape allegations: Alleged rapist avoids third trial to spare complainant; but money paid

The case called at Christchurch District Court. Photo / George Heard

A man has agreed to make an emotional harm payment to a woman who complained that he had raped her as she slept but the parties have also agreed there will be no third trial.

The man, who now lives in the North Island, has been discharged and the charge dismissed by Judge Paul Kellar who was told of the agreement in the Christchurch District Court today.

The man has been granted permanent name suppression on the basis that even a report of the dismissal of a rape charge could affect his professional prospects because it would remain permanently on the internet for employers to see.

Judge Kellar said there was also the possibility that social media would take up the matter "as part of cancel-culture, which is very real".

The man was arrested in May 2018 over an allegation that he had raped a sleeping woman after drinking and taking Ecstasy.

He had a judge-alone trial in 2019 where he was found guilty and sentenced to imprisonment, but the High Court quashed the conviction and ordered a retrial.

The retrial, before a jury, ended with the jury unable to reach a unanimous or majority verdict.

Defence counsel James Rapley QC told Judge Kellar that agreement had now been reached and the Crown was not going to proceed with a third trial.

Judge Kellar said: "The Crown has reviewed the file. The parties have been in discussion and the complainant does not want to take the matter to a third trial for reasons I completely respect.

"The defendant has recognised the harm caused to the complainant in the circumstances of this case and has agreed to make an emotional harm reparation payment to her."

The defendant has had interim suppression of name until now, and Judge Kellar said he was satisfied that the threshold had been met for a permanent order to be made.