Dunedin businessman says rape accuser 'acting' in video

Robert Anthony Scott is on trial at the Dunedin District Court. Photo: ODT Files
Robert Anthony Scott is on trial at the Dunedin District Court. Photo: ODT Files
A Dunedin businessman says the woman accusing him of rape is "acting" in a video where the man is on top of her and she says "I can’t breathe".

Robert Anthony Scott, 69, is on trial at the Dunedin District Court, facing six charges of rape, two of indecent assault, sexual violation by unlawful sexual connection and three charges of assaulting a female.

Earlier this week, the jury watched a video of Scott and the complainant in bed, which she said showed the defendant forcing her to have sex with him.

She was heard saying "Please, I can’t breathe" and "Ouch, you’re hurting me".

Yesterday, counsel Fiona Guy Kidd KC suggested the video was not genuine.

"What we hear in the video is you acting ... you’re not in real pain," she said.

The complainant denied that was the case.

"You could’ve got out of the bed," Ms Guy Kidd said.

The complainant responded: "No, I cannot, he’s on top of me, he’s so heavy".

Ms Guy Kidd suggested the woman was wearing a schoolgirl outfit in the video, was "roleplaying" and her words were part of that.

"We can’t see what you’re wearing in that video," she said.

The woman accepted wearing a short tartan skirt and blouse on some occasions, but denied wearing the outfit in the video.

She denied "roleplaying" and said she was genuinely in pain.

The complainant said she took the video to prove to Scott that he was hurting her, but accepted she did not show it to him until over a year later.

"If that was what it was all about you would’ve shown it to him immediately," Ms Guy Kidd said. "You’re continuing this because you are now angry and spiteful."

The complainant replied: "I’m not angry. I’m just telling the truth."

In another video the woman took, she tells Scott she is not feeling well and asks "Can we just do it tomorrow?"

He then called her a "‘f...... whingy b....".

The complainant alleged that in the video the defendant was groping her without her consent.

Ms Guy Kidd suggested the woman had "set up" the situation to make Scott frustrated in the video.

"You didn’t even have to get into the bed," she said.

She suggested the complainant had stopped the video once she got what she wanted.

The woman alleged Scott urinated on her on multiple occasions while she was showering and said he was "marking my territory".

Ms Guy Kidd said her client had a medical condition affecting his genitals which he would not want the woman to see.

The complainant knew he had a condition, but said she had seen his genitals and was sure he had urinated on her.

One rape charge related to an incident where the woman claims Scott ripped her underwear.

Ms Guy Kidd suggested she "didn’t say ‘no’ or ‘don’t’ or ‘stop’ on that occasion" and the underwear could have been ripped by accident.

The woman said she could not remember if she verbally protested on this occasion, but she did not want to have sex.

"[Sometimes] you close your eyes. You are wishing for it to be over," she said.

The trial continues.

felicity.dear@odt.co.nz

 

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