Sober driver faces sex charges

A Dunedin man has denied four sex charges after using his unregistered taxi service to allegedly kidnap a woman.

The man, who has interim name suppression, stands accused of indecent assault, kidnapping, sexual violation by rape and two charges of sexual violation by unlawful connection.

Anne Stevens KC said the woman had her legs open and was draping them across the dashboard, when her client instructed her to take them down — only touching her legs to remedy the "dangerous" behaviour.

Crown prosecutor Marcail Brosnan said in the early hours of February 7, 2021, the woman posted on a sober drivers Facebook page, seeking a ride home — once she confirmed her ride, she realised her phone battery had died.

The man allegedly made two stops, with the complainant’s friend exiting the car before it headed to Mosgiel, the Dunedin District Court heard yesterday.

The complainant said she had initially intended on staying with her friend, but changed her mind, wanting the comfort of her own bed.

Yesterday, the jury watched the woman’s police interview where she disclosed the graphic details of the alleged assault.

She said it began while she sat in the front passenger seat, with the man attempting to touch her hands.

"He started touching my leg and calling me beautiful ... he said something along the lines of ‘sorry, you’re so pretty, you’re so gorgeous’."

The woman said as they drove along the motorway, his hands were creeping up her legs.

She also noticed he was driving very slowly.

"I told him he needed to go faster and put both hands on the wheel and speed up.

"I kind of knew what was going to happen ... I was just very scared."

Things allegedly took a violent turn when the man said he needed to get something out of the boot, pulling into a grass verge as the pair drove into Mosgiel.

"He took his seatbelt off, he moved on top of me ... it was very quick.

"He must have locked the doors while we were driving because I didn’t realise they were locked until I tried to get out."

She said the man violated her, ignoring her clear protests.

"I was trying to get him off me and he grabbed me by the throat.

"I was trying to tell him to stop but I couldn’t really breathe."

The woman then described how the man raped her in the back seat, strangling her and pinning her down with his arm.

"I was just thinking how I needed to convince him to let me go to the toilet so I can just run away."

The man allegedly became frustrated with the woman’s repeated request and eventually relented, opening the door if she promised to come back.

As the man opened the door, the woman said she ran away and hid in some bushes before fleeing to a nearby petrol station.

In court, pictures of the woman’s bruised body were shown to the jury.

She will be cross-examined today.

The trial before Judge David Robinson is expected to take more than a week, with the Crown calling witnesses to corroborate the woman’s story — including a service station worker, the doctor who examined her and five police officers.

The defendant was expected to provide evidence the woman "was very drunk", leading the driver to a dead-end road before running away, leaving the fare unpaid.

"He is presumed innocent, a fact you must keep front of mind as you hear the evidence," Mrs Stevens said.

erin.cox@odt.co.nz , PIJF court reporter

 

 

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