A rapist who says he was assaulted by the stepfather of his victim says he can not remember the bashing.
Jason Haward, 48, was convicted of rape of a 15-year-old Paraparaumu girl and sentenced to seven years and six months jail.
The stepfather of the girl saw him two days after the rape and is now charged with injuring him with intent to injure on April 23 last year.
He can not be named to protect the identity of the rape victim.
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Haward continued to deny raping the teenager saying she had stolen his wallet. He had followed her home and was assaulted by the stepfather.
He told a Wellington District Court jury he had been walking home two days later and then the next thing he remembered was waking up in hospital. He could not remember anything else.
He suffering bruising, swelling, a bump on his head and lost a tooth.
Witnesses said they tried to separate the two men after seeing one repeatedly punching Haward on the side of the road.
In the back of a police car on the way to hospital Haward began having seizures and was unresponsive.
Dr Agadha Wickremesekera said he saw Haward at Wellington Hospital and kept him in for observation.
Haward improved and had shown a normal level of consciousness and was released the next day.
The doctor said it was not easy to be clear about whether the seizures would be related the first or second assault if there was a head injury but he agreed with the man’s defence lawyer Peter Foster that seizures could be delayed and they could also be random.
A scan showed no fractures or hemorrhages.
Wickremesekera also agreed that seizures could be faked.
Foster had told the jury his client was unhappy at what he perceived to be delays in the police investigation and had wanted to restrain Haward until the police could arrive.
The trial is expected to last until next week.