Court of Appeal overturns acquittal on basis of partner's evidence

The Court of Appeal has overturned the acquittal of a man on charges of raping and threatening to kill his partner despite the woman retracting her earlier statement while giving evidence.

In an police interview just after the incident, the woman said she had been almost strangled and had been raped  by her partner. At his trial in the Nelson District Court, the woman said their sex had been consensual and she had not been assaulted. The Judge discharged the man on the basis that the jury could not reasonably convict him.

The Court of Appeal said it had been wrong to discharge him on that basis and ordered a retrial. The Court of Appeal referred to the Evidence Act 2006 reforms as recognising "the reality that at trial women retract truthful complaints of violence by partners whether out of fear, loyalty, self-blame or guilt." It said the jury should have decided what weight to give her evidence and whether the man should be convicted.

The couple have been together for 19 years and have three children together.

Read the decision here.