A man accused of sexually assaulting his girlfriend at a hotel in Auckland has been granted bail and is set to appear in court.
The woman, identified only as Mrs B, had lodged a complaint about the man in December last year.
The court heard that a man, later identified as Mr B, approached the woman and said he was looking for someone to talk to.
He allegedly then assaulted her in the hallway outside the hotel.
Mrs B’s lawyer told the court she had been at the hotel for three weeks and that Mr B was not present.
The trial will resume in January.
Judge Robert Kiefel said the accused had shown no remorse for his actions and had been remorseful.
The judge said the victim’s mother had been unable to give her daughter a phone call.
He said he believed the man had acted in self-defence.
“He has behaved inappropriately and is entitled to a fair trial,” Judge Kiefell said.
‘She said she would call the police’ The court was told Mrs B had been out of contact with the accused for three months.
Her mother was unable to contact her daughter, who was in her 20s, and he was not living with her.
The woman had lodged an allegation against the man at the Auckland Police Station after receiving an email from her friend, who had been a witness to the assault.
The alleged assault happened at a Holiday Inn in Auckland on December 26 last year, the court was informed.
Mrs B was able to visit the hotel and speak to the man, but did not report the incident to police.
She told police she was scared and upset and she had made up the story with a friend.
Mr B was found in the hotel’s hallways and taken to a nearby hospital.
After being assessed by a psychologist, he was diagnosed with post traumatic stress disorder.
Judge Kiefels decision came after an examination of the alleged incident by a forensic psychiatrist and forensic pathologist.
Dr Peter Gellatly, a forensic psychologist from the University of Auckland, said it was clear Mrs B was suffering from PTSD and had taken some anti-depressants.
He said the alleged assault did not amount to sexual assault.
But he said it would be very difficult for a man who was not intoxicated to remember the events that happened and it would also be difficult for someone who had experienced traumatic sexual assault to recall what had happened.
A spokesman for the Crown said Mr B’s bail application was due to be considered on January 13.
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