SEVERAL charges against two Wairarapa women alleged to have sexually attacked another woman have been dismissed by a Wellington District Court judge.
The Crown has alleged the two women attacked a third woman in their home, physically assaulting her and sexually violating her in December 2003.
The accused women, 34 and 37,
have had their identities suppressed.
Yesterday, at the end of the Crown case, Judge Bruce Davidson dismissed charges of assault and sexual violation by unlawful sexual connection against the 37-year-old, and a count of being a party to sexual violation by unlawful sexual connection against the 34-year-old.
The jury was due to begin deliberations today.
The 34-year-old now faces two charges of assault, one of threatening to kill and one of being a party to sexual violation by unlawful sexual connection. The 37-year-old faces two charges, of being a party to sexual violation by unlawful sexual connection and of assault.
One of the women gave evidence in her own defence. She described how the complainant and her former partner had been invited to her home for dinner.
She said the evening had gone well. There had been some playfighting in which the complainant had bruised her elbow. There had also been a waterfight.
During the evening some cans of beer were drunk and cannabis was smoked.
The next night the complainant came around by herself for coffee. The woman said no alcohol or drugs were consumed that night. They had been sitting on the floor under a duvet talking. Both fell asleep.
No touching occurred other than when she comforted the complainant, who was upset about missing her partner's children.
She told Crown prosecutor Kate Feltham under cross-examination it was possible that injuries on the complainant happened after she returned to her former partner.
A women's refuge co-ordinator from Masterton said she saw the complainant in her room crying the day the sexual attack was alleged to have happened. The complainant was sobbing and said she had been raped. ? NZPA
