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The Star: February 16, 2023

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<strong>The</strong> <strong>Star</strong> Thursday <strong>February</strong> <strong>16</strong> <strong>2023</strong><br />

14<br />

COURT<br />

Latest Canterbury news at starnews.co.nz<br />

Army sex assault case: Victim accused<br />

• By Emily Moorhouse<br />

A WOMAN who says she was<br />

sexually violated by a New<br />

Zealand Army officer in a hotel<br />

room has been accused by<br />

the defence of making up the<br />

allegations as a distraction from<br />

her own “bad behaviour”.<br />

During cross-examination,<br />

defence lawyer Elizabeth Bulger<br />

accused the woman of making<br />

up a “charade” to make the officer’s<br />

life difficult – something<br />

she denied.<br />

<strong>The</strong> officer, who has interim<br />

name suppression, appeared<br />

for court martial for a trial that<br />

began on Monday at Burnham<br />

Military Camp.<br />

<strong>The</strong> officer faces one charge<br />

of sexual violation and three<br />

charges of assault after allegedly<br />

slapping the female colleague<br />

across the face twice, pouring<br />

a drink over her, and sexually<br />

violating her in 2017 in a hotel<br />

room.<br />

He admitted to pouring a can<br />

of Red Bull over the woman before<br />

slapping her across the face<br />

in June 2017. He denied the second<br />

charge of slapping her in the<br />

face and sexually violating her in<br />

a hotel room a month later.<br />

<strong>The</strong> officer is charged under<br />

the Armed Forces Discipline Act<br />

1971 and Crimes Act 1961 and<br />

appeared before Judge Kevin<br />

Riordan and a panel of military<br />

members.<br />

On Monday, military prosecutor<br />

John Whitcombe said the<br />

pair, both in their 20s, arranged<br />

to meet at a hotel room overseas<br />

for a sexual encounter for the officer<br />

to “get some anger out”.<br />

But what was supposed to be<br />

consensual, allegedly turned<br />

violent and forceful, leaving the<br />

woman crying and vomiting.<br />

However, Bulger suggested on<br />

Tuesday the entire sexual encounter<br />

was consensual and the<br />

complainant gave no indication<br />

that she wanted to stop.<br />

Bulger suggested the woman<br />

lied about the events in the hotel<br />

room to create a distraction from<br />

her own “bad behaviour”, claiming<br />

she was being investigated<br />

for her conduct and faced being<br />

removed from her army duties<br />

for a separate matter.<br />

<strong>The</strong> woman rejected<br />

this, denying there was an<br />

investigation or what happened<br />

during the sexual encounter in<br />

the hotel room was consensual.<br />

Bulger referred to messages<br />

between the pair prior to the<br />

sexual encounter, which showed<br />

the officer saying it wasn’t his<br />

intention to leave her “bleeding<br />

and in pain” and that if she<br />

needed him to stop then he<br />

would.<br />

Bulger put it to the woman<br />

ALLEGATIONS:<br />

<strong>The</strong> court<br />

martial is<br />

being held<br />

at Burnham<br />

Military Camp.<br />

PHOTO:<br />

GEORGE<br />

HEARD/NZ<br />

HERALD<br />

the pair had previously engaged<br />

in consensual “rough sex” and<br />

things like slapping and choking<br />

were normal.<br />

She agreed but said the sex was<br />

never as forceful as it was during<br />

this particular encounter, and<br />

she had never cried from sex as<br />

she did on this occasion.<br />

Bulger alleged the officer didn’t<br />

slap her across the face when he<br />

first entered the hotel room like<br />

she claimed, but only slapped<br />

her during sex which was<br />

consensual. <strong>The</strong> woman denied<br />

this.<br />

Bulger went on to say the<br />

woman and officer had sex a<br />

second time that night which<br />

was less rough and the officer<br />

then fell asleep, giving her the<br />

opportunity to leave, but she<br />

stayed.<br />

In closing her crossexamination,<br />

Bulger accused<br />

the woman of making up a<br />

“charade” to make the officer’s<br />

life difficult by creating<br />

false allegations to act as a<br />

“smokescreen” for her own<br />

conduct. This was rejected by the<br />

woman.<br />

A few days after the hotel<br />

room encounter the woman<br />

sought medical treatment for her<br />

swollen face and bloodshot eyes,<br />

telling medical staff the swelling<br />

was due to a new mascara she<br />

had tried at the time before she<br />

laid the complaint.<br />

A doctor who specialises in<br />

injuries analysed photographic<br />

evidence of the complainant’s<br />

eyes and said it looked like<br />

the woman had suffered from<br />

haemorrhages in both eyes,<br />

something that was uncommon<br />

in young people.<br />

<strong>The</strong> doctor said the<br />

haemorrhages in young people<br />

can be caused by ongoing<br />

coughing, extensive vomiting,<br />

pressure applied around the neck<br />

or gagging.<br />

She said the woman’s<br />

account of what happened in<br />

the hotel room is an “entirely<br />

reasonable explanation” for the<br />

haemorrhages.<br />

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