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Defence: 12-year-old was having consensual sex

Author
Open Justice,
Publish Date
Sat, 23 Jul 2022, 10:00am
Tulisi Leiataua is on trial at Manukau District Court and faces 33 sexual charges. Photo / NZ Herald
Tulisi Leiataua is on trial at Manukau District Court and faces 33 sexual charges. Photo / NZ Herald

Defence: 12-year-old was having consensual sex

Author
Open Justice,
Publish Date
Sat, 23 Jul 2022, 10:00am

A defence lawyer has suggested to a woman who was allegedly abused as a 12-year-old that she made it all up and was actually having consensual intercourse.

"You were scared because you didn't want anyone to know you were having consensual sexual intercourse with an older man. The only reason you reported this was because you were forced to, you felt ashamed and regretful, this is the truth isn't it," Panama Le'au'anae put it to the now 24-year-old woman in the Manukau District Court earlier today.

It was an allegation the woman, who has automatic name suppression, was quick to refute.

"I didn't say anything straight away because I thought no one would believe me."

Le'au'anae is defending Samoan national Tulisi Leiataua who was extradited to New Zealand to stand trial on 33 sexual abuse charges, six of which are in relation to a child under 12.

It's alleged the now 45-year-old abused two girls over a period of four years. The girls were aged between 10 and 12 when it allegedly started in 2010.

Under cross-examination today one of those alleged victims said she thought the way Leiataua treated her was normal at the time.

"It all started when I was 12, he would bribe me with treats, comment on my body and would tell me how he will marry me when I'm older.

"But now I realise it was him trying to have a beneficial relationship with me, I was just a kid and I was scared."

Le'au'anae said Leiataua denied allegations of rape, indecent assault and other sexual abuse and put it to the woman victim that she had made it all up.

She was quick to deny that.

"This man made me feel like I was a dog ... what he did to me was never consensual," she replied as tears ran down her cheeks.

"He would force himself onto me, he would push me into my room and would start telling me to strip.

"I did not agree to have sexual intercourse with him," she stated.

In May 2014, Leiataua left New Zealand for Samoa. Six months later the complaints were made against him but it wasn't until March 2020 that a Samoan District Court judge accepted an extradition application.

Soon after Leiataua was brought back to New Zealand and arrested at Auckland Airport.

Le'au'anae questioned the woman about a police video interview she did in December 2014. She has recently rewatched it.

"You now say Leiataua had sexually abused you more times than what you stated in this interview, wouldn't you say your memory in 2014 was fresher than what it is now?"

She replied saying she was a 16-year-old girl at the time who was "suppressing everything that had happened to her".

"I was a little kid who was lost. I don't remember anything that was happening around me, only what was happening to me."

Le'au'anae then addressed allegations of Leiataua showing and exposing her to pornography.

"Leiataua says he never made you watch pornography, he never asked you to reenact the scenes from the TV and he never took photos and videos of you."

The woman said, "Wow, well he did."

The jury trial, which is taking place in front of Judge Richard Earwaker, is set to take two weeks.

Next week the jury will hear from the second woman, the family of the complainants and Leiataua.

He's accused of four counts of sexual violation by rape, three counts of an indecent act with a young person, one count of indecent assault, 10 counts of sexual violation by unlawful sexual connection, seven counts of other sexual violations, two counts of other assault on a child and six charges of an indecent act on a child.

- Ellen Thompson, Open Justice

Where to get help

If you have concerns or suspicions about someone who may be trading in or producing child sexual abuse images or videos, contact Customs confidentially on 0800 WE PROTECT (0800 937 768) or Crimestoppers anonymously on 0800 555 111.

If you are, or know of, someone who is at risk or being abused, contact the police immediately.

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