Woman alleges rape by partner

After allegedly raping his pregnant partner, a Mosgiel man molested her while she breast-fed their son, a court has heard.

The 38-year-old defendant is on trial before the Dunedin District Court after denying charges of rape, indecent assault, assault with intent to commit sexual violation and injuring with intent to injure.

The complainant - his partner of more than a decade - told the court the man had been drinking a lot before November 12, 2016.

On that day he came home from work and the pair immediately argued about him spending their money on alcohol and cigarettes.

The woman went into the bathroom to vomit while her partner went outside for a smoke.

She told the jury the defendant was unsympathetic to her plight.

``Take a teaspoon of concrete and harden up,'' he allegedly told her.

Both parties agreed what followed was consensual sex, but part way through it ``things changed'', Crown prosecutor Craig Power said.

The complainant said her partner got ``rough'', grabbed her hair and pinned her hands down.

``I said `no' and I was crying,'' she told the court.

After stopping, the defendant allegedly said: ``You should put out more then I wouldn't have to be like this.''

When he left the room, one of their children entered to be breast-fed by the complainant.

But the defendant allegedly returned soon after.

``[He] came back into the bedroom, starting saying `I love you' again and trying to feel me up,'' the woman said.

``I didn't think it was appropriate ... I kept smacking his hand away.''

The defendant allegedly persuaded the child to leave to watch cartoons after which he tried to pull his partner's pants off.

She told the jury yesterday she resisted and kicked out at him, which made him angry.

The man is accused of then punching her in the jaw and again in the nose after she retaliated with a blow of her own in between.

``Go to the bloody bathroom and clean yourself up,'' he allegedly said when he saw her nose was bleeding.

The complainant took her phone with her to the toilet and called police.

After admitting striking the woman to the arresting officer, the defendant claimed she had thrown the first punch.

Two other officers arrived at the house to escort him to the station.

Though they had not been briefed on the incident, the defendant spoke ``unprompted'' from the back seat of the car, the court heard.

Constable Nick Turner gave evidence that the defendant said he regretted what had happened and added: ``but I didn't rape her or anything''.

The man said he had been drinking earlier that day, had become ``randy'' but his partner did not want to have sex.

``There are two sides to every story,'' defence counsel Andrew Dawson said in his opening address.

He said the sex was consensual and the jury would not be satisfied the complainant had withdrawn her consent, communicated it to her partner and that he had understood.

``This isn't a stranger-in-a-dark-alley kind of case,'' Mr Dawson said.

While his client accepted hitting the woman, he said there was no intent to injure her.

rob.kidd@odt.co.nz

 

 

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