A navy lieutenant accused of rape has been found not guilty.The lieutenant has been before the court martial at Auckland's Devonport Naval Base this week, after a woman he dated while deployed overseas alleged he repeatedly attempted to have sexual intercourse without a condom, despite her refusal.The defendant and complainant had consensual protected sex the next night and continued their relationship for one month.The lieutenant denied the charges, and his defence has argued that the complainant fabricated her story out of jealousy after seeing him with another woman.Summing up the case, Judge Michael Crosbie emphasised the question of reasonable doubt."It is not enough for the Crown to persuade you he is 'probably' guilty, or even 'highly likely' to be guilty," he said."Reasonable doubt is a reasonable or honest uncertainty left in your mind after you've carefully and impartially considered all of the evidence."Core to the defence case was that the complainant and defendant continued to have a relationship after the night in question.Judge Crosbie told the panel this was a common occurrence."Be aware that research tells us some victims maintain contact with people who have offended against them, including maintaining a relationship and having consensual sex," he said."It might not be what you expect, or what you think you would do, but ongoing contact and later consensual sex do not mean offending didn't occur."The panel began deliberations shortly before 11 o'clock on Thursday morning.They returned at 5:30pm, announcing not guilty verdicts on each of the three charges.The lieutenant's father, who watched the proceedings from the public gallery, hugged him as Judge Michael Crosbie dismissed him and announced he could return to duty.
Navy lieutenant found not guilty of rape charges
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