After 11 hours deliberating, a jury told the court they couldn't agree on the alleged rape case against cricketer Scott Kuggeleijn.
Kuggeleijn will stand trial again for the alleged rape of a woman in Hamilton last year.
The alleged victim claims Kuggeleijn pinned her arms down and had sex against her will. Immediately afterwards she got dressed and left the room before bursting into her flatmate's room distraught.
Crown prosecutor Jacinda Foster rejected the claim the sex was a case of "reluctant consent".
She said the alleged victim had no choice but to go through with it as Kuggeleijn overpowered her. "Rape doesn't have to be premeditated. All it takes is a man who is very persistent."
Kuggeleijn's lawyer, Philip Morgan, QC, said his client stopped carrying on with sexual activity when the complainant told him to on two occasions during the early hours of Sunday, May 17, last year.
However, after they woke up in the morning and began kissing and fondling each other again, he tried again. This time, he didn't hear a "no", Morgan says.
Massey University Law Professor Chris Gallavin joined Paul Henry to discuss the case.