Luca Fairgray trial: Auckland man found guilty of three charges of sexual conduct with a young person

Auckland man Luca Fairgray has been found guilty of three charges relating to a sexual relationship he had with a 13-year-old girl.

The 22-year-old was on trial at Auckland District Court facing three charges of sexual conduct with a young person, two of which were representative.

It was not disputed the pair had sex or that she had been 13, but the defence argued the complainant had said she was 16, and Fairgray believed her.

Judge Evangelos Thomas convicted Fairgray and remanded him in custody until sentencing on March 31.

He thanked the jury, counsel and communications assistants for their role in the trial.

In closing arguments on Friday, Prosecutor Pip McNabb told the jury Fairgray got into a relationship with the 13-year-old knowing her age.

“He got spooked, he started spinning lies and he’s been untruthful when he says [the girl] told him she was 16,” she said.

“He would have you believe [she] is some kind of 13-year-old liar and manipulator.”

Luca Fairgray testified in the Auckland District court this week. Photo / Supplied

McNabb said Fairgray told “untruth, after untruth, after untruth” when under cross-examination.

The Crown accepted he struggled in some social situations, but she said otherwise he was very intelligent and capable.

“While Mr Fairgray relies heavily on autism in this trial, autism is not a defence in these charges.”

Both Fairgray and the complainant have autism and ADHD.

She questioned why Fairgray continued to hang out with the girl late at night and in the early morning, as well as calling her “babe and darling” after he claimed he learnt of her age.

“Mr Fairgray was not duped by this girl, he knew exactly what he was doing.”

Fairgray’s lawyer Susan Gray said the complainant’s evidence had been vague and the girl had replied, “I don’t know” or “I don’t remember” no less than 60 times.

Gray said the girl had not been attending the school at the time the pair were dating, and a large majority of their messaging took place during school days.

“He believed you have to be 16 to drop out of school. [The complainant] told him she was 16 and she had dropped out.”

She also referred to the video site where the pair met, which required users to tick a box saying they were an adult.

“He doesn’t have to insist on seeing her ID, the law does not require that.”

Gray told the jury failing to consider his autism would be discriminating against him based on his disability.

Luca Fairgray was accused of having a sexual relationship with a 13-year-old girl. Photo/ Dean Purcell

“His brain is different to those of neurotypical people and as I say that is directly relevant to issues in this trial.”

Although, she did not suggest autism in and of itself was a defence, she said as a person with autism Fairgray didn’t “delve into the grey”.

She said the prosecution had asked the jury to draw an adverse inference against Fairgray because he continued to have contact with the 13-year-old late at night and in the early morning after he said he learnt of her age.

However, Gray argued the pair had spent time together during those hours throughout their relationship and the defence arguments were “heavily moralistic”.

The defendant and the girl met on a video chat website in June 2023 before moving to Snapchat.

She alleged she told Fairgray she was 13 during a video call before meeting in person.

The pair dated for months and had sex on multiple occasions, both parties accepted.

The complainant became pregnant and an abortion clinic recorded a person called “Luke” made the girl an appointment and gave Fairgray’s number.

Fairgray gave the centre her correct date of birth and lied about his own age, saying he was 15.

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.

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.

Judge Thomas said the jury needed to consider whether, on the balance of probabilities, the accused had a reasonable belief that the girl was 16 and that he took reasonable steps to find out whether she was 16.

“He has to prove both of those things.”

Fairgray pleaded guilty to one charge of supplying cannabis at the start of his trial.

Sexual connection with a young person under 16 carries a maximum sentence of 10 years’ imprisonment.

Supplying a Class C drug carries a maximum penalty of eight years in prison.

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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