At the trial, the complainant was the first to take the stand and following her evidence, defence lawyer Julian Hannam argued the charges should be dismissed.
He relied on the complainant's acceptance, in evidence, that she could have given Pratt consent but due to her being intoxicated at the time she was unable to recall whether that conversation took place.
The Crown would not be able to produce evidence to discount the defence's case, which was that Pratt had a reasonable belief of consent, Hannam submitted.
Crown prosecutor Justin Marinovich said there was evidence to prove the complainant's level of intoxication would have impacted her ability to give true consent.
But he acknowledged the complainant's acceptance she could have had a conversation around consent with Pratt was relevant to the consideration of reasonable grounds for the belief of consent.
Marinovich further highlighted that the complainant had said in evidence that she had condoms in her bedroom and that Pratt said in his statement he had retrieved one in the middle of the act upon her instruction to do so and where to find them.
Given the complainant's other concessions, it would be difficult for the Crown to prove that conversation did not happen, Marinovich said.
The court heard on Monday that the pair had been drinking alcohol at the complainant's New Plymouth home on the night in question.
Her two flatmates had been drinking with them and sometime after midnight, she decided to go to bed.
At the time she shared a bed with her then 1-year-old son and he was asleep beside her.
She told the court she woke up to allegedly find Pratt having sex with her.
After trying to push him off she alleged that he continued to have sex with her.
The complainant admitted she had significant gaps in her recollection of the night's events.
In his decision, Judge Menzies said her blood alcohol level on the night was equivocal when considering whether she was capable of giving consent.
He said the complainant was seen by a doctor around three hours after the alleged offending and a resulting report stated she was alert, coherent and able to give consent to the medical examination.
She had told the doctor that kissing had taken place between her and Pratt and a condom was used, the report said.
A friend of the complainant, who provided the court with a statement, said she had gone into the woman's bedroom at the time of the alleged offending and saw Pratt on the bed.
The friend told Pratt to leave the room but the complainant spoke up and said "nah", Judge Menzies said.
On the considered evidence, Judge Menzies dismissed the charges.
Pratt shook Hannam's hand and immediately left the courtroom.
