Rape by two men at party alleged
The Crown alleges two young men at a party raped a 15-year-old girl who was too drunk to consent to sex, but the defence says the girl agreed to the activity and regretted it later.
The girl took to social media to try to work out what had happened to her because she had no memory of it herself.
Brooke Christie Rolleston, of Cashmere, and Brandon James Roche, of Papanui, both 20-year-old plasterers, have gone on trial before Judge Alistair Garland and a jury in the Christchurch District Court.
The men do not deny having sex with the girl at a party near Christchurch on January 30, 2016. But they said she was consenting and “enthusiastic” and they have each pleaded not guilty to a charge of rape and two charges of sexual violation by unlawful sexual connection.
The girl was sore afterwards and the Crown is alleging sexual violation by oral and anal sex. The men deny having anal sex.
The trial is expected to take all week, at least.
Crown prosecutor Deirdre Elsmore told the jury the trial was about the rape of an “extremely drunk” 15-year-old. She said it would have been obvious to the two men that she was so drunk she was incapable of consenting to sexual activity.
The incident began when the girl was at her parents’ home, while they were away, with friends who were drinking while in a spa pool. A friend posted a party invitation on Facebook. The girl asked for it to be removed and that was done, but people were already arriving, including Rolleston and Roche.
The girl had had a lot to drink by then, and she was slurring her words and falling over. Her boyfriend tried to sober her up by getting her to drink water, and tried to have her locked in her bedroom to protect her, but the lock had already been broken.
When he left at midnight – he was picked up by his mother – he believed she was safe and locked in her mother’s room.
The Crown alleged Roche and Rolleston took her from a bed where she was asleep with two other women, and took her to another room where the rapes took place. The girl had no memory of that and when she was returned to the bed about 30min later, she vomited in the bed. Her friends showered her to clean her up.
The girl began making inquiries online next day when she realised what people were saying had happened.
Defence counsel for Rolleston, Craig Ruane, said his client admitting having sex but said it was consensual. That would be the major issue at the trial. He said: “Peope can consent to do things when they are affected by alcohol, that they may not agree to do when they are stone cold sober.”
The fact that she regretted it in the morning, and could not remember it, did not make it sexual violation, he said.
Counsel for Roche, Trudi Aickin, said that her client said the girl “appeared willing and enthusiastic”. If a person believed on reasonable grounds that someone had freely given their consent, they were not guilty.
Even a person who was intoxicated and unable to remember, was capable of consenting. “Just because a complainant has no memory of what happened does not mean that she did not consent at the time,” she said.
The trial is continuing.
Category: News
Subscribe
If you enjoyed this article, subscribe to receive more just like it.
Connect
Connect with us via: