Auckland District Court hears testimony from defendant charged with sexual conduct with minor.
Luca Fairgray is appealing his convictions for sexual conduct with a 13-year-old girl.
Fairgray’s defence argued during the case he believed the girl was 16, and found out her true age later.
The prosecution argued he knew about her age.
An Auckland man found guilty of sexual conduct with an underage girl is appealing his convictions.
Luca Fairgray was convicted of three charges related to a sexual relationship he had with the 13-year-old in the Auckland District Court earlier this month.
It was not disputed the pair had sex or that she had been 13, but the defence argued the complainant said she was 16, and Fairgray believed her.
The Court of Appeal confirmed this morning an appeal in relation to the three charges of sexual conduct with a young person was filed yesterday.
Luca Fairgray is was convicted of three counts of sexual conduct with a young person, a 13-year-old girl. Photo/ Dean Purcell
Fairgray admitted he gave the centre her correct date of birth and lied about his own age, saying he was 15.
His lawyer Susan Gray said he did so because by that point he knew she was only 13.
After the abortion, it was alleged by the Crown further sexual activity occurred on at least one occasion.
The next month the girl went missing temporarily and police became aware of the relationship between the pair.
When they went to speak to Fairgray at his parent’s home he jumped out the window and hid under the house.
Usually, the burden to prove charges lies with the prosecution. However, in this case, the defence did not contest that she was 13 when the sexual conduct occurred.
Fairgray’s neurodiversity, both he and the complainant have ADHD and autism, featured heavily in the trial.
Gray told the jury failing to consider his autism would be discriminating against him based on his disability.
Whereas prosecutor Pip McNabb said although Fairgray struggled in some social situations, he was otherwise very intelligent and capable.
“While Mr Fairgray relies heavily on autism in this trial, autism is not a defence in these charges.”
Katie Harris is an Auckland-based journalist who covers issues including sexual assault, workplace misconduct, media, crime and justice. She joined the Herald in 2020.
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