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'I felt like a lamb to slaughter': Kiwi musician questioned about sexual violation claims

Author
Sam Hurley, NZ Herald,
Publish Date
Tue, 23 Aug 2022, 5:24pm
Auckland High Court. Photo / NZME
Auckland High Court. Photo / NZME

'I felt like a lamb to slaughter': Kiwi musician questioned about sexual violation claims

Author
Sam Hurley, NZ Herald,
Publish Date
Tue, 23 Aug 2022, 5:24pm

Warning: Sexual content and themes.

A Kiwi musician says he "felt like a lamb being led to slaughter" and recalled being resigned to his fate as a sexual violence victim while at the house of an Auckland man, a court has heard.

Yesterday, the young musician described for jurors being invited to a private dinner at the man's home on a "horrifically stormy" night in 2013. He claims his wine was potentially spiked and that he was subsequently sexually violated.

Neither the musician nor the man, who is on trial and denies charges of sexual violation and attempted sexual violation, can be identified by the Herald for legal reasons.

Today, in the High Court at Auckland, the man's lawyer, David Jones QC, questioned the musician and suggested any sexual activity with his client was consensual.

During the evening and after dinner, the court heard, the man first kissed the musician, who has described being shocked and unsure about what to do.

"I suggest you engaged in this conduct voluntarily and consensually," Jones asked the complainant.

The musician replied: "I don't want to kiss him now and I certainly didn't want to kiss him then either."

He said he "felt like a lamb being led to slaughter" and described what followed as an "an out-of-body experience".

"I've always been taught consent is an enthusiastic 'yes'."

The musician, who agreed to stay the night in the home, has described then feeling woozy, vomiting and having blurry vision after two or three glasses of wine.

He said the man then led him to the bedroom.

"I remember thinking, this is what's going to happen to me now … I'm going to be sexually assaulted.

"I just knew that was my fate, basically."

The musician said he "felt drugged" because he had a memory of being in the bed with the man but didn't feel attached to his body and was groggy the following day.

"I knew I was being sexually assaulted while I was being sexually assaulted," he said during his, at times, emotional evidence. "I didn't consent at all."

Prosecutor Simon Foote QC told the jurors yesterday the musician "said nothing, did nothing" but several years later felt compelled to make a complaint with the police.

The details of why the musician said they approached police cannot be reported by the Herald due to a court order.

Today, the musician said they felt "embarrassed, I was shocked" after the night in 2013.

He was concerned it "was my word against [the man's]" and people may have felt "it must've been my fault somehow".

"I just felt dirty about the whole situation."

While the musician didn't immediately notify police, he did later warn others not to visit the man's home alone.

Defence lawyer Jones, however, suggested the musician was "reconstructing" what happened with the benefit of hindsight, perhaps in an attempt to regain dignity.

The musician rebuffed the suggestion and said he hadn't manufactured the story.

The trial, presided over by Justice Mary Peters, continues.

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