Defendant alleged to have raped victim while she slept, court hears

Riccardo Gilheaney-Fraser has gone on trial in the Whanganui District Court charged with sexual violation by rape.

A man alleged to have raped a woman as she slept in his bed after attending a party maintained his innocence as his trial got under way.

Riccardo Gilheaney-Fraser has gone on trial in the Whanganui District Court before Judge Jonathan Krebs and a jury of seven men and five women on Monday, charged with sexual violation by rape.

Gilheaney-Fraser is accused of raping the woman at his home on January 24, 2021, after they had both attended a party in the Whanganui suburb of Gonville the night before.

In his opening address to the jury, Crown prosecutor Josh Harvey said the pair had been both drinking at the event before a skirmish broke out between a guest and family member.

Harvey said after the melee the victim agreed to go back to Gilheaney-Fraser’s house and she laughed most of the way as she felt comfortable with him.

Both went to sleep in his bed with the victim remaining clothed.

After being woken up when another guest from the party arrived, they both returned to sleep.

“When she awoke next, she awoke in the fetal position with Riccardo at her back,” Harvey said.

She froze when she realised Gilheaney-Fraser was having sex with her and said it felt like it went on forever, he told the jury.

After Gilheaney-Fraser finished the woman ran home to her sister’s place, leaving her bag and cellphone behind.

She later confided in her sister what had happened and contacted police.

Harvey said the woman was asleep and Gilheaney-Fraser had no reasonable belief she had consented.

Defence lawyer Megan Jaquiery, in her brief opening address, urged the jury to keep an open mind throughout the entire trial.

“This is no rape, she is not asleep. They are both messed up big time,” Jaquiery said.

“What happens between them is consensual.”

Jaquiery said the woman woke up the next morning feeling disgusted with herself, embarrassed and regretful after the fact.

She said the victim then made out she was asleep and didn’t consent.

Jaquiery said the woman didn’t go to police until June, five months later.

The trial is set down for four days.