R v Carson [2017] NZDC 16857

Published 02 February 2018

Pre-trial — consent — admissibility of messages — Facebook messages. The defendant was charged with rape and denied this charge on the basis that sexual intercourse took place with the complainants consent. The content of the two pages of Facebook messaging was suggestive of past and anticipated sexual activity. If admissible the Facebook communications would be relevant to the issue of consent at trial. The complainant denied writing the message and stated that while the photograph and name is hers, she did not send the messages. The court found that many of the communications are patently personal to the complainant and matters that are referred to, as are people, consist entirely of her knowledge of those people. The court was satisfied that the Facebook communications can be contributed to the complainant and were deemed to be admissible at trial. Judgment Date: 1 August 2017 * * * Note: names have been changed to comply with legal requirements. * * *