After deliberating for close to a day, a jury has found a man guilty of raping and indecently assaulting a woman in Orange while finding him not guilty on another indecent assault charge.
The court heard that the woman was asleep when the indecent assault started and she initially thought it was her boyfriend in bed with her. She did not know the offender.
"I asked him to stop but he just said 'why babe'. I pushed him off," the victim said of the November 2017 assault.
Wiremu Hoani Hei Hei, 29, formerly of Orange, was convicted of the two offences, following a week-long trial before Acting Judge Geoffrey Graham in Orange District Court.
There needs to be a conscious and voluntary permission as to both the act performed by the accused and the identity of the person carrying out the act.Acting Judge Geoffrey Graham
Hei Hei was found guilty of indecently assaulting the woman by kissing and biting her neck, and of having anal intercourse with the woman without her consent.
According to information tended by the prosecution, the victim was asleep in a bedroom when she woke up to Hei Hei kissing and biting her neck from behind, then he removed her pants and penetrated her about three times before she was able to push him off and report the incident.
As well as hearing evidence from the victim, Hei Hei, other people who were at the premises, and police, the jury also heard medical evidence from a examination conducted about seven hours after assault.
The medical examination discovered red marks on the back of the woman's left shoulder which were consistent with biting, and there was also evidence of pain and bruising in her anal canal.
However, following a request by the defence, Acting Judge Graham told the jury there was no evidence of who caused the injury.
Before the jury made its decision Acting Judge Graham reminded the 12 members about the presumption of innocence and that the prosecution had to prove beyond reasonable doubt that Hei Hei assaulted the victim.
He also went into detail about the issue of consent, whether Hei Hei knew the woman wasn't consenting, what steps he took to ensure she was consenting, or if he did not think about whether she was consenting or not.
"There needs to be a conscious and voluntary permission as to both the act performed by the accused and the identity of the person carrying out the act," Acting Judge Graham said.
According to the defence, Hei Hei believed the acts were consensual after a conversation outside the bedroom, although he couldn't describe her appearance or recall the conversation.
He also denied having anal intercourse with the woman and said she reported the matter after an unknown person walked into the bedroom.
The defence also said there were inconsistencies in the woman's account, however, it was argued that people do not always remember events the same way and trauma can affect recollection.
Hei Hei, did not apply for bail and bail was formerly refused, and he is to be sentenced at the next district court sitting in August.
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