A lawyer representing a man accused of having a sexual relationship with a 13-year-old girl told jury members they need to keep his ADHD and autism diagnoses at the forefront of their minds.

Luca Fairgray faces three sexual conduct with a young person charges, two of which are representative, and one charge charge of supplying cannabis.

He pleaded guilty to the latter charge at the start of his trial this morning at Auckland District Court but entered not guilty pleas for the sexual offending.

The Crown alleges Fairgray and the girl met on a video chat website before moving to SnapChat, where it’s alleged the complainant told him she was 13.

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

Prosecutor Rosemary Hayden in her opening address told the court the pair dated for months and had sex on multiple occasions.

Hayden said the complainant, who also has ADHD and autism, became pregnant and Fairgray called a medical centre to arrange an abortion.

During that call, the Crown alleges he gave the centre her correct age and lied about his own, saying he was 15.

Following the abortion, it’s alleged further sexual activity occurred on at least one occasion.

The following month the girl went missing temporarily and police became aware of the relationship between the pair.

Fairgray’s lawyer, Susan Gray, told the court his thinking and interpretation of social settings was concrete, and not nuanced like neuro-typical people.

Gray argued the complainant had told Fairgray she was 16 and that to him she looked 16.

Usually, the burden to prove charges lies with the prosecution, however, in this case the defence do not contest that she was 13 when the sexual conduct occurred.

Judge Evangelos 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.”

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.

The trial continues.

SEXUAL HARM

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 [email protected]
• 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.

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.