Sportsman found guilty of indecent assault
April 25th, 2008, 5:45 pm Teen Hobbies
The man had pleaded not guilty to the charge, which related to an incident in August 2006. Name suppression for the convicted man was lifted yesterday but The Southland Times is not prepared to identify him because of the need to protect the complainants identity.
The trial before Judge Kevin Phillips in the Invercargill District Court began on Monday.
The court had been told both the man and the complainant, aged 21 and 18 respectively at the time, were Southland representatives and had travelled to Auckland to compete in a national tournament.
Before attending a social, the team held a %26quot;fines session%26quot; (a drinking game) at its motel.
The Crown said the complainant became intoxicated and had to be put to bed and that the accused entered the room and took advantage of her.
The defence argued that the complainant had consented.
In summing up yesterday, Judge Phillips said the jury would have to decide whether the complainant consented.
If the jury decided she did not consent then it would have to consider whether the accused had a reasonable and honest belief that she did consent.
He said the case had elements %26mdash; a young complainant, excessive drinking by young people, the accused being a young man %26mdash; that could give rise to sympathy or prejudice.
%26quot;You must put all those thoughts aside %26mdash; here you are judges and judges can never allow themselves to be influenced by sympathy and prejudice one way or the other.%26quot; Judge Phillips remanded the man on bail for sentencing on May 14, but said he should not take any comfort from being granted bail because a jail sentence might follow.
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