A high court trial has begun for a man accused of sexually abusing his niece, resulting in a child. Photo / NZME
WARNING: This article discusses sexual abuse and may be distressing to some readers.
A man who fathered a child with his niece claims it was a consensual relationship - but the Crown alleges he sexually violated not only her but also their young daughter.
The man - who cannot be named to protect the identities of the victims - is on trial in the High Court at Whangārei for five charges of sexual violation by unlawful sexual connection, six charges of rape, one charge of indecent act on a child under 12, and one charge of attempting to pervert the course of justice.
In openings to the jury, the court heard how a 16-year-old girl travelled from overseas to spend time with her uncle, who was in his 50s and married with children.
While she was in New Zealand, it is alleged the first sexual violation occurred while on a hiking trip with her uncle to Scotts Point in the Far North, the beginning of almost 20 years of sexual abuse.
Her uncle is also alleged to have taken her on a tour of Northland, raping her at various motels along the way, before dropping her to the airport to return home.
Crown lawyer Geraldine Kelly said the man lured the young girl back to New Zealand with the promise of a job that never became a reality.
Instead, she says the girl was isolated on the man’s Far North farm with his wife, where the sexual violation and rape continued for many years.
Kelly said the man was in a position of power, and over the years, used that power to arrange a marriage for her with someone he knew.
Once she was married, the offending continued but the rapes are alleged to have progressed to occur jointly between her uncle and her husband.
The woman eventually fell pregnant to her uncle with a daughter, in what he claims was a consensual affair.
However, she said her uncle’s interest in her eventually waned. She later discovered he had allegedly turned his attention to their young daughter instead, with similar sexual violations being disclosed to a friend.
When the police investigation was in full swing, it’s alleged the man circulated a letter to his family asking them to speak to his niece to stop the allegations.
Kelly told the jury the man threatened the woman when she was a teenager to not say anything because it would destroy her nana.
“She did not consent to what he was doing... The defendant didn’t care if it was consent or not,” Kelly said.
Defence lawyer Martin Hislop said the alleged offending at Scotts Point and the motels “did not happen” and the pair were in a consensual affair in their adult life, resulting in the child.
“He was besotted with his child and rejects any notion that he inappropriately touched her,” Hislop told the jury.
“Because of the unfruitiness, the subject makes your hair stand up. Please, don’t let that put you into a form of judgement. You are the fact-finders, please keep an open mind.
“Once you’ve heard all the evidence, you’ll find him not guilty on all charges,” Hislop said.
The trial is being heard before Justice Kiri Tahana and is expected to last three weeks.
Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tōkerau region. She is of Ngāpuhi/Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.