Judge alone trial — guilty — rape — proof beyond reasonable doubt — CT v R [2014] NZSC 155. The defendant was on trial for one charge of rape. It was alleged that 13 years ago he had followed a lost and drunk teenager around and raped her on the ground while she pretended to be unconscious so he would go away. The rape came to police attention after DNA evidence linked the defendant to the complainant's rape kit that was taken on the day of the offending. The Crown had to prove beyond a reasonable doubt the defendant intentionally penetrated the complainant's genitalia with his penis, at the time the complainant was not consenting and that the defendant did not believe on reasonable grounds that the complainant was consenting. The DNA evidence proved beyond a reasonable doubt that the defendant penetrated the complainant with his penis on the date of the alleged offending. The Judge found the complainant's evidence very compelling and persuasive. There were few inconsistencies with her police interview 13 years ago, as well as physical evidence taken at the time which supported her statements that she had been dragged and raped on the ground. The Judge found that no reasonable person could believe another person was consenting to sex while they were ostensibly unconscious. All three aspects of the charge were made out and the defendant was found guilty of rape. Judgment Date: 28 September 2018.