Man acquitted of rape during threesome

Alan James Linton, 48, was acquitted on charges of indecent assault and sexual violation by rape. Photo / File

The man accused of indecently assaulting and raping a woman blew out a sigh of relief as a not-guilty verdict was read in the Wanganui District Court.

Alan James Linton, 48, was acquitted on charges of indecent assault and sexual violation by rape in the Wanganui District Court in front of Judge David Cameron.

A jury of five women and seven men retired for deliberations at 12.54pm and went straight into the lunchtime adjournment.

They returned to deliver their verdict at 2.40pm.

Linton's defence counsel, Debbie Goodlet, successfully argued that sex did take place with the complainant but was entirely consensual.

In the early hours of June 6, 2010, when the alleged incident took place, Mr Linton said he had come to an agreement with two women he would allow them to borrow his car for a week-long road trip in return for two sexual encounters with the pair of them.

The encounter took place in part that morning but was quickly over with, and all three went back to sleep.

The allegations against him in respect of one of the women arose following the encounter.

In her summary to the jury, Ms Goodlet argued the evidence given by the complainant and the witness was inconsistent, and their evidence about their protests and resistance was "unbelievable".

That neither the complainant nor witness jumped out of bed, screamed, attempted to fight Linton or go for help was "incredible".

Instead, both women fell back to sleep next to the man the complainant later said raped her, she said.

The evidence of the witness cast doubt on the evidence of the complainant, and unless the Crown had convinced them Linton had committed the offences beyond reasonable doubt, they must acquit, she told them.