Jury finds defendant not guilty of raping drunk woman as she slept in his bed

A jury has found Riccardo Gilheaney-Fraser not guilty of sexual violation by rape after a week long trial in the Whanganui District Court. Photo / Bevan Conley.

A jury has cleared a man accused of raping a drunk woman as she slept in his bed of any wrongdoing.

Riccardo Gilheaney-Fraser went on trial in the Whanganui District Court on Monday, February 13, charged with sexual violation by rape.

In Gilheaney-Fraser’s case, it was alleged he raped the female at his home on January 24, 2021, after they had attended a party the night before. The case was heard before Judge Jonathan Krebs and a jury of seven men and five women.

After hearing five days of evidence the jury retired to consider its verdict about 1pm on Friday afternoon and returned around 4pm with a decision of not guilty.

Crown prosecutor Josh Harvey had told the court the pair, who had been drinking, went back to Gilheaney-Fraser’s house after the party.

The woman had gone to sleep in his bed with her clothes on but awoke later to him having sex with her, Harvey said.

There was no reason Gilheaney-Fraser had to believe she had consented, he told the jury.

Defence lawyer Megan Jaquiery, however, told the court the pair were “both messed up big time”.

Jaquiery claimed the woman made up the story about being asleep and didn’t consent after waking up the next morning feeling disgusted with herself, embarrassed and regretful after the fact.

She noted the woman had not complained to police until five months after the night.