The victim was cross-examined by defence lawyers on day two of the trial at the Auckland High Court. Photo / NZME
The victim was cross-examined by defence lawyers on day two of the trial at the Auckland High Court. Photo / NZME
Warning: This story details sexual violence.
Defence lawyers for two men charged with the rape of a semi-conscious woman say she had "passionate" kisses with them before they had consensual sex, a claim she denies.
The woman, whose identity is protected, took to the stand on the second day of the High Court trial in Auckland where she was cross-examined at length about what happened that evening in April 2021.
Crown prosecutors allege Nikki Alexander Frank, 46, and Peter John Haden, 62, took the semi-conscious woman in their van and carried her into a Northcote house before taking turns to rape and sexually violate her for two hours, filming parts of the assault.
The men now say, through their lawyers, that the woman was conscious and went into a liquor store with them on the way to the house, getting out of the van on her own both times.
Haden's lawyer Lincoln Burns asked the woman if she remembered kissing the older man at the liquor store chiller, where they were laughing and enjoying each other's company.
"I don't remember that," she said, saying she only pecked Frank once on the cheek that evening to wish him happy birthday.
The woman met the men at Takapuna Beach where they shared a drink and smoke in their van. Photo / NZME
Frank's lawyer Tiffany Cooper said the woman was extremely "forward and provocative" and taking part in sexual banter with the men when drinking and smoking with them in the van at Takapuna beach, according to a third man who was there but left before the alleged assault.
Earlier, the woman told police she believed the drink or cannabis joint she shared with the men was laced with something that caused her to black out.
But Cooper said her blood test results that night showed no evidence of illicit substances apart from alcohol and cannabis.
The defence lawyer said the test did find traces of the sedative zopiclone, and put to the woman that she popped one together with Frank "to take the edge off" before getting into the van.
"I suggest you tried to get a bit of a buzz, felt sleepy towards the end of that night, and regretted it afterwards," Cooper said, alleging the woman got out of the van on her own when they reached the house.
"You could recall how the carpet felt under your bare feet, don't you?" she asked.
"You and Frank were kissing each other in a passionate way with your mouths open," Cooper said, before going on to have consensual sex on the couch and again on the rug.
"No, that is a lie. I was attacked. That's not sex," the woman said.
She maintained she was carried up a flight of stairs, although she could not recall everything that happened that evening because she was drifting in and out of consciousness.
Cooper put it to the woman that she "drove" the whole evening, was "highly sexualised with these men, and wanted to have sex with them."
The woman denied the allegations. "You're trying to make out that everything I said didn't happen," she said, breaking down several times during cross examination.
'I didn't ask to be raped, attacked, made a video of," she told the court.
Where to get help: If it's an emergency and you feel that you or someone else is at risk, call 111. If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7: • Call 0800 044 334 • Text 4334 • Email support@safetotalk.nz • For more info or to web chat visit safetotalk.nz Alternatively contact your local police station - click here for a list. If you have been sexually assaulted, remember it's not your fault.
