The trial for a man accused of indecently assaulting a disabled 64-year-old woman is underway at the Auckland District Court.
Juan Carlos Briones, 56, also known as Lagos Juan Carlos Briones, a foreign language teacher, is facing one charge of indecent assault.
On Monday morning, Crown prosecutor Erin Woolley told the jury the complainant, who has name suppression, had believed Briones was her friend prior to him assaulting her.
On February 1 last year, Auckland Anniversary Day, the complainant was said to have invited Briones into her apartment after he told her he had some music for her to listen to.
“Listening to music is one of her favourite hobbies. She invited him for a coffee so they could listen together,” Woolley said.
After Briones entered the apartment, he put the music on and allegedly told the woman to sit in her rocking chair, before pushing her walking frame out of reach.
He then allegedly proceeded to indecently assault her by rubbing her breasts and legs over her nightgown.
“She was not happy about what was happening. She was shocked this was happening and didn’t know how to respond,” Woolley said.
Briones is then alleged to have helped the woman into her bedroom, where he told her to undress.
The woman took her clothes and lay on her bed.
Briones allegedly began to kiss her on the lips, suck her breast and touched her genitals.
During this time he allegedly told the woman her breasts were “nice and pure”, it was “no good she was on her own” and that “nobody needs to know about this”.
Woolley told the court the woman said to Briones she was bleeding and that her sister and caregiver would soon be coming to the flat, in an attempt to get him off her.
Briones allegedly stopped touching her, and went into the bathroom to wash his hands.
When the woman’s caregiver arrived soon after, Briones was still at the apartment but left shortly after, Woolley said.
The woman told her caregiver and sister about the incident, and police were notified shortly afterwards.
Woolley told the court the woman had not protested against Briones’ advances because she was scared.
However, this did not amount to consent, she said.
“A person can not be seen to be consenting to an activity because they simply do not protest.”
Briones’ lawyer Michael Meryrick told the jury to weigh up all the evidence before forming any judgements.
“Keep an open mind, wait until the end of the trail. I think you will find there a few twists and turn which may influence your decision.”
The trial is expected to last four days.