A jury has retired to consider whether a teenage boy raped a 13-year-old girl outside a 16th birthday party on the Kapiti Coast last year.
The Wellington District Court jury went out early this afternoon.
In her testimony this week, the girl said the boy, 16, had bumped into her down the side of the house and attempted to kiss her.
He then pulled her stockings down and forced her onto the ground where he had sex with her for a short period.
She said she was "screaming my head off" to alert people inside.
The defence argued the girl initiated the encounter, putting her hands down his pants.
He initially told police they had just been talking, but later said they had consensual sex.
In his closing address, Crown prosecutor Mark O'Donoghue told the court the victim's version was consistent with the evidence, while the defendant's story was "inherently implausible".
"[The accused] said he didn't remember who he was having sex with - wouldn't he remember if he got lucky down the side of the house?" he said.
It was a "sad case" in which a 16-year-old sixth former had taken sexual advantage of a third former due to temptation, alcohol and lack of self control, he said.
"These two are probably nice kids," he said.
But he told the jury sympathy and prejudice "arrive in spades" in such cases, and they should use their heads, not their hearts when deliberating.
They should consider the short time it took for a complaint to be lodged, the complainant's distress, her ripped pantihose, injuries to her genitalia, and the unreliable evidence of the accused.
Defence counsel Craig Smith said in his closing statement the evidence of the complainant was "peppered with curious little comments".
"It is not up to the accused to prove his innocence. The burden of proof is with the Crown," he said.
A medical examination had not revealed bruising to the girl, which one would expect after being pinned to the ground during the incident, as she had claimed.
Forensic evidence could not conclude the DNA evidence found was that of the accused, he said.
It could be that of her boyfriend, who had also spent time at the party, he said.
Once she had told her best friend she had been raped it was very difficult for her to change her story. She was also "as drunk as she had ever been".
His client was a "scared young man accused of rape" which was why he changed his statement.
He should be considered a reliable witness, he said.
Summing up, judge Chris Tuohy said the jury needed to consider whether intentional penetration of the genitalia had occurred, whether it occurred without consent, and whether the accused was aware that it was not consensual.
"Adolescence is a time of sexual experimentation and you should look at it in this light," he said.
