A top cricketer on trial for rape has told a jury the affectionate behaviour displayed toward him by a 21-year-old gave him reason to think he would have sex with her.
The Northern Districts cricketer also says he sent an apology text to the complainant - but says it was for how she felt, not for raping her.
Scott Kuggeleijn is on trial at the Hamilton District Court for allegedly raping a student at her flat in May last year, a charge the 24-year-old denies.
The pair met at a mutual friend's birthday before going to a bar in central Hamilton, then going back to the woman's flat. Both admitted being very intoxicated.
A friend of the accused also gave evidence - he was with the couple on that night and said they were clearly very affectionate with each other, kissing and cuddling in the car on the way to the bar. CCTV footage played in court from inside the bar appeared to support this.
When questioned by Crown Prosecutor Jacinda Foster, Mr Kuggeleijn accepted he was persistent by asking for sex twice during the night, but that if she had said 'stop', he would have respected that.
During cross-examination today, Kuggeleijn told the court he was led to believe they would have sex because the complainant was on the contraceptive pill.
He said when they did have sex in the morning, the woman seemed 100 percent consensual, and enjoyed it - despite the fact she said 'no' previously.
The trial is centred around the issue of consent and is due to wrap up on Monday.