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Wellington, March 4 NZPA - A former prison guard accused of sexually violating his stepdaughter's friend should not be convicted based on the claims of a "silly, attention-seeking school girl", his lawyer says.
The 48-year-old man went on trial at Wellington District Court on Monday, facing nine counts of sexual violation, attempting to commit sexual violation and indecent assault.
The jury today retired to consider its verdicts.
Defence counsel Mike Antunovic said the man, who has name suppression, did not abuse the 16-year-old girl and events did not occur as she described.
The girl testified to being sexually violated by the man on two occasions -- once at Lake Wairarapa and once at his home -- in early 2009.
Mr Antunovic said the complaint was false although there had been one instance of mutual sexual touching, during which the man had "leaked" seminal fluid on the girl's neck and stomach.
The girl's evidence was "simply and inherently unbelievable", he said.
"(This is) fiction that is so easily exposed by the application of common sense."
He described the girl as a loud attention-seeker who had an "obsessive" crush on one of her teachers.
She was also infatuated with a Featherston police constable, he said.
Mr Antunovic said the DNA found on the girl during a doctor's examination was "entirely equivocal".
Clothing worn by the girl immediately after one of the alleged violations had not been tested due to police budget constraints, he said.
"There is no truly independent evidence to support what the complainant is saying," he said.
Crown prosecutor Mark O'Donoghue said the girl was telling the truth and had not complained immediately out of confusion, shock and fear.
"She didn't know there was this thing called unlawful sexual connection," he said.
The man acted in a "calculated and conscious" manner, even showering and shaving before the encounter in his home, he said.
Claims that the girl had initiated the encounter were "rubbish", Mr O'Donoghue said.
"There's all this evidence ... indicating she did not consent. Don't forget the dynamics ... she's a child, he's an adult."
Mr O'Donoghue said the man was lying to save his relationship and job.
"Lie upon lie, upon lie from the accused."
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