A 17-year-old girl alleges she was plied with vodka until she was drunk by a man she met online before she was repeatedly raped by the man and his friend at a Christchurch surf club building.
The defence in the four-day trial in the Christchurch District Court says the sexual activity on a night nearly two years ago was all consensual.
Andrew Bailey, defence counsel for one of the two men on trial, Parampreet Singh, urged the jury to keep an open mind as the hearing began. He said: “[My client] says the activity that took place was consensual or at the very least he believed it was consensual.”
Parampreet Singh, 26, is charged with five offences of sexual violation including rape, and Amritpal Singh, 23, is charged with three. They deny all charges. The men are friends, but are not related. A Punjabi interpreter is assisting with the trial.
Crown prosecutor Courtney Martyn told the jury the consent to sex must be “full, free, and informed”.
She said: “Our law provides that a person doesn’t consent to sexual activity just because they don’t protest or offer physical resistance, or allows the activity to occur because of threats or fear of application of force.”
“In determining consent, I suggest you listen carefully to what the complainant says,” she said.
The girl, now aged 19, would give evidence of how drunk she was after being given vodka by a man she agreed to meet after making contact over the Tagged social media site online. He had picked her up, with his friend in the car, and they had gone to New Brighton where the incident took place in the surf club carpark and on the roof of the club building.
The Crown alleges both men raped her, and sexually violated her digitally and with oral sex.
The man she was contacted by online was Parampreet Singh and the friend was Amritpal Singh.
Miss Martyn said the girl was heavily intoxicated, and her head was spinning. She was “half-helped and half-dragged” up the stairs to the roof.
During the rapes, she had “lay there, unsure what to do”, and the activity had sometimes stopped while she said she needed to vomit. After a short break it would carry on. She was eventually dropped back home.
Miss Martyn said the two men exchanged text messages next day, saying, “Any risk so far?” and “You may be in trouble.” The reply was, “Both may be in trouble.”
One man said in a text: “I have her house key. Should I text her?”
The other man replied: “Don’t. She will ask for her underwear and bra and she will remember everything.”
Questioned by police, Parampreet Singh said the “risk” text was sent because he was worried after texting the girl and hearing nothing back.
Amritpal Singh told police the sex was consensual and the girl was “happy” with what happened because she was getting free drinks. He sent one text because he was worried that she might be grumpy in the morning.
The girl said in evidence that she had signed on for the Tagged website which had a slogan, “Meet new people”. She was using it to find people to talk to, but she said some people could use it as a dating website or for one-night stands.
She agreed to meet Parampreet Singh, to drive out to the beach. “I expected to go out and have some drinks and talk some rubbish”.
She said she was feeling confused and very drunk when sex with Parampreet Singh began. “I didn’t resist because I was in shock. I felt like I could not really move.”
The trial is continuing.