• Luca Fairgray, 22, faces three charges of sexual conduct with a young person.
• Fairgray allegedly lied about his age while arranging an abortion for the 13-year-old with whom he was having sex.
• The defence argues Fairgray believed the girl was 16.

An abortion centre nurse says a man facing charges over a sexual relationship with an underage girl lied about his own age, saying he was 15, when she noted during a phone call that the girl was 13.

Luca Fairgray, 22, faces three charges of sexual conduct with a young person, two of which are representative, and one charge of supplying cannabis.

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

A nurse told the court today she contacted Fairgray, who was 20 at the time, on a phone number used to make an abortion referral for the 13-year-old.

She testified that the earlier call-taker had listed the number under the name Luke, and when she asked him if she was speaking to “Luke”, Fairgray said yes.

When she noted the girl’s age, the nurse said she asked if he was a similar age and went to the same school.

In response, she said he told her, “Yes, I am 15″.

Prosecutor Pip McNabb presented a copy of some of the nurse’s notes that stated “Luke” was the teenager’s boyfriend and he was 15.

The Crown alleges Fairgray and the girl met on a video chat website in June 2023 before moving to Snapchat, where it is alleged the complainant told him she was 13.

The pair dated for months and had sex on multiple occasions.

The Crown alleges the complainant became pregnant and Fairgray called the medical centre to arrange an abortion.

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

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

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

Today the court also heard from the complainant’s brother, who appeared via video link, and her mother, who gave evidence in person.

Her brother revealed to the jury that after he found out about Fairgray and the abortion, he impersonated his sister on Snapchat in an attempt to lure Fairgray over to his mother’s home.

His plan was to get him to the house and beat him up, the court was told.

He said he asked Fairgray to come over with a chocolate condom, to which he alleged Fairgray agreed.

Later Snapchat messages presented in court show Fairgray saying he would bring round gnocchi and chocolate for them to eat.

However, the meet-up never occurred. Under cross-examination, the brother agreed that if Fairgray had come to the house he would have beat him up.

The brother also said only some of the Snapchat messages were recovered. Messages on Snapchat auto-delete if they are not saved.

He rebutted an allegation from the defence that the condom message, which was not provided in message records, never existed.

“I was not focused on saving certain messages ... My main focus was bringing him to the home.”

Earlier this week Fairgray’s lawyer, Susan Gray, told the court his thinking and interpretation of social settings was concrete, and not nuanced like neuro-typical people because he has autism and Attention Deficit Hyperactivity Disorder (ADHD).

The complainant also has autism and ADHD, as well as Oppositional Defiant Disorder (ODD).

Gray argued the girl 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 does not contest that she was 13 when the sexual conduct occurred.

Judge Evangelos Thomas said on Tuesday 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.