A woman will tell a trial she was repeatedly sexual violated and raped while drunk, but her alleged attacker says it was consensual sex outside a party in Kaiapoi two years ago. 

The Christchurch District Court trial before Judge Mark Callaghan and a jury is expected to continue until Wednesday next week. 

Benjovi Channi Toa, 33, denies two charges of rape and four charges of sexual violation by unlawful sexual connection of a woman he had not met before the party in July 2020.  

Crown prosecutor Courtney Martyn told the trial the woman had gone to the party with a woman who was her ex-partner. The ex-partner left, but the woman stayed on. Toa arrived at the party about 10pm after finishing work. 

Toa and the woman had drunk alcohol and when they were talking while standing near an industrial heater outside, she began to feel sick and dizzy, and found it difficult to stand up. 

She leaned against Toa so he could support her and he wrapped his arms around her and guided her away from the party, towards the gate of the property. He began sucking and biting on the side of her neck. 

He suggested that they go to his truck, but the woman did not want to go. Martyn said Toa removed the woman's pants and underwear, and described a series of sexual violations while he held her head between his hands, and while she was on her hands and knees on the ground. 

The Crown alleges Toa raped the woman a second time while she was pushed up against a car. 

She was then able to send a text to her ex-partner who contacted another person at the party to look for her. At this time, she says Toa pulled her into a bear hug, saying, "Shhh, I have got you." 

The person who had been contacted found Toa and the woman walking back to the party. Toa had his hands on her shoulders and she was crying and shaking. 

The ex-partner then came back to the party and took the woman home. They decided about 1pm the next day to contact the police, and she was then examined by a doctor. He noted redness and tenderness on both knees and bruising to her neck. 

He also noted tenderness and two skin splits in her groin area which may have resulted from a range of causes. 

Toa was interviewed by the police a few days after the party, telling them the woman had consensually performed oral sex and he had inserted his finger into her vagina. He said he had tried to have sex with her when she was on her hands and knees on the footpath, but had been unsuccessful. 

The trial is continuing, and the complainant is expected to give evidence tomorrow. The jury is expected to watch the woman's recorded video evidence today, and Toa's recorded video interview on Friday. 

Martyn and Kerry White appear for the Crown; Josh Lucas and Angela Lee appear for Toa. 

- by David Clarkson, Open Justice