Category : News
Author: Caroline Williams

A Navy sailor sexually violated and indecently assaulted his colleagues while on duty in Canada, a court martial jury has concluded.

The 27-year-old sailor, who has interim name suppression, denied the offences at the hearing held at Devonport Naval Base on Auckland’s North Shore this week.

The sailors were on a tour of duty on frigates HMNZS Te Kaha and Te Mana in Canada at the time, however the offending took place on land.

The sailor grabbed his colleague’s breast in the back of a taxi as the pair headed back to base after a group outing at a restaurant in downtown Victoria, in the province of British Columbia on 2 August, 2020.

The court martial oversees cases where a breach of military discipline or other offences may have occurred.

Then, in the early hours of 9 August, the man went from colleague to colleague as they slept at a rented apartment following a party, indecently assaulting one by kissing and touching her intimately and sexually violating another.

Both women told the accused to stop, but he didn’t, Crown prosecutor Sam McMullan said.

Earlier, Judge Kevin Riordan asked that the jury of five military members disregard the effect alcohol consumption may have had on the witnesses.

“Just because someone was drunk doesn't mean they can't remember things of great importance,” he said.

The sailor was posted to HMNZS Te Kaha in Canada at the time of the offending. (File photo)
NZDF/SUPPLIED
The sailor was posted to HMNZS Te Kaha in Canada at the time of the offending. (File photo)

He added being drunk could not be used as a defence.

Regarding the matter of consent, Riordan said silence or a lack of protest did not equate to consent.


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Earlier in the week, the first victim described the man putting his arm around her and groping her breast as the pair taxied back to base after drinking at a bar with a group of shipmates on August 2.

She battled with whether to report the incident.

“If I didn’t say something, something worse would happen to somebody else. I didn’t want to be the reason for that.”

The man claimed he did not touch her breast, and said if he did, it was an accident.

Another victim said the man joined her as she slept on a couch following a party. The man kissed her, felt up her body and sexually violated her after she told him “no, no, no”.

“I just waited until he was done,” she told the court.

The man claimed it was her who tried to initiate a sexual encounter and said he was indecently touched by her.

The third victim said the man got into her bed, kissed her, touched her intimately and made her touch him while she was “wasted” and “trying not to spew”.

Earlier, she said she had purposefully chosen to sleep in a single bed, so there was no room for anyone to join her, as she “could feel [the man’s] intentions earlier on in the night”.

Defence lawyer Paul Heaslip claimed the woman’s text messages to her partner back in New Zealand following the alleged incident did not describe her being assaulted, nor did they reflect her feeling “distraught” over the matter.

The man will be sentenced on Saturday.

Article: https://www.stuff.co.nz/national/crime/300346792/navy-sailor-guilty-of-sexually-assaulting-colleagues-during-canada-trip
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