1 Aug 2016

Kuggeleijn case: Rape accuser has no reason to lie, Crown says

1:45 pm on 1 August 2016

A woman who says professional cricketer Scott Kuggeleijn raped her has no reason to lie, the Crown prosecutor has said at his trial.

Scott Kuggeleijn

Scott Kuggeleijn Photo: Photosport

Mr Kuggeleijn, 24, has denied raping a 21-year-old woman at her home after the pair had been out together in May last year.

Crown prosecutor Jacinda Foster gave closing arguments at Hamilton District Court this morning.

She said the woman had no motive to lie and by complaining to the police she had subjected herself to gossip and speculation from her social group and the community.

The Crown also said the defence's suggestion that the way the woman was dressed was provocative was simply an "age old prejudice".

Mr Kuggeleijn's lawyer told the jury the Crown hasn't been able to prove his client didn't have reasonable grounds for believing there was consent.

Last week the Crown said the pair became intimate in bed and while the defendant indicated he wanted sexual intercourse, the alleged victim made it clear numerous times she did not.

The physical intimacy continued until the two fell asleep but on awakening the defendant got on top of the woman, held her arms above her head and penetrated her.

The Crown said the woman had the right to decide where the intimacy would end.

In closing for the defence, Philip Morgan QC said his client respected the woman's wish not to have intercourse late in the evening after becoming very intimate, but on waking the next morning, believed she wanted to have intercourse, and went ahead when she didn't say no.

Mr Morgan said the critical time the jury needed to focus on was the morning, not the night before.

He said the complainant may not have wanted to have intercourse, and may have regretted it immediately, but that at the time she did not say no.

The defence will resume closing arguments before Judge Philip Connell sums up the case for the jury.