KEY POINTS:
An HIV-positive Auckland salesman gave a schoolgirl drugs and sexually violated her in a motel spa bath while her mother watched, a court was told today.
Niven Andrew Todd, 44, faced a total of 24 charges when he appeared before Justice Simon France in the High Court at Hastings.
He admitted three charges of doing an indecent act on a girl, then aged 13, in April and May last year in Hastings, eight separate charges of unlawful sexual connection with a minor on dates in April, May and September, including one of unlawful connection, knowing at the time that he was HIV positive.
He pleaded not guilty to nine charges of sexual violation of the girl, including three of violation by rape, and not guilty to four of stupefying or rendering her unconscious with intent to sexually violate her.
Crown prosecutor Steve Manning said the girl, who was 13 and 14 when the alleged offences took place, had been used by Todd and her mother as "a sexual plaything".
The mother had already admitted her part in the incidents, including performing sex on her daughter, and is serving a prison sentence.
Todd had formed a relationship with the mother during his visits to Hawkes Bay, Mr Manning said. The pair allegedly committed sexual acts involving the girl on three separate occasions last year, at the motel where Todd stayed.
The girl, now 15, told the court she was living with her grandparents in April last year when she became aware that her mother had a boyfriend.
Todd began texting her, even though she had not met him, and she was encouraged by her mother to reply.
The messages became sexually explicit, with Todd saying he wanted to have sex with the girl. Again her mother encouraged her to reply, although she did not want to.
During Easter last year, the girl was picked up by Todd and her mother and taken to a restaurant.
The three went to a movie theatre where Todd placed his hand on the girl's leg and put her hand on his groin. He then kissed her while her mother "just looked", she told the court.
Later they went to Todd's motel room where the mother ran a spa bath which she and Todd got into naked.
The girl, then fully clothed, was also told to get into the bath where Todd kissed her, touched her breasts and then touched her intimately with his fingers.
The girl was given several drinks of Coke "with something else in it". Todd gave them marijuana, smoked in a pipe, and a substance called "Rush", believed to be isobutal nitrate, a muscle relaxant.
Later he attempted to have intercourse with the girl but she protested.
Her mother watched while this took place. She then came over, whispered something to Todd and he again tried to have sex, this time penetrating the girl and having intercourse.
He was not wearing a condom or using any form of protection. The girl said Todd told her to perform oral sex on him but she "bit it" and he stopped.
She told the court her mother slapped her across the face for biting Todd.
When she was driven home to her grandparents, Todd and the mother told her not to tell anyone or she would get into trouble. The mother is expected to give evidence as a prosecution witness.
- NZPA
