Soldier Faces Reduced Charges in Intimate Image Case
Court Drops Two Counts, Focus Shifts to Consent
A New Zealand soldier, identified as Corporal Manu Smith, will now face a single charge in a court martial after two accusations of taking intimate visual recordings without consent were dismissed today. The case centers on allegations of unauthorized filming during sexual encounters.
Charges Dismissed Due to Evidentiary Concerns
Justice Tom Gilbert, presiding over the court martial, granted the defense’s request to drop two of the three initial charges against Smith. The judge determined that, based on the presented evidence, a military panel could not reasonably find the accused guilty on those counts. He cited legal reasons for the dismissal.
Following the judge’s decision, Corporal Smith took the stand to provide his account of the events. Defense counsel Timothy Leighton questioned him regarding the circumstances surrounding the recordings and whether the complainant was aware he was filming.
Smith testified that he viewed the act of recording as a means of enhancing their intimacy. “She had seen that I was filming on my phone, and did nothing to indicate she wanted me to stop filming,”
he stated. He further described their relationship as sexually active from the outset, with both parties sharing intimate images.
Consent and Boundaries Under Scrutiny
Smith asserted that discussions about boundaries had taken place between himself and the complainant. He explained, “Yes, I expected the same respect from her that she did with me, in terms of sharing content with a third party or anybody outside.”
He characterized their understanding as a “circle of trust,”
where neither party would share intimate images with others without consent.
According to RAINN (Rape, Abuse & Incest National Network), approximately 75% of sexual assaults go unreported. Learn more about the prevalence of sexual violence.
Prosecution Challenges Account
Captain John Whitcombe, representing the prosecution, questioned Smith about the nature of his relationship with the complainant and whether she had reason to believe it was exclusive. Smith responded that the relationship’s parameters were not explicitly defined, but he believed it was non-exclusive, and he thought she shared that understanding.
Captain Whitcombe pressed Smith on whether there had been a direct conversation about filming on the day in question. Smith acknowledged that the topic had been discussed in a “light-hearted, jovial way,”
but conceded, “There was no black and white, no written agreement.”
Closing arguments from both the defense and prosecution are scheduled for this afternoon. The military panel will then deliberate to determine Corporal Smith’s guilt or innocence on the remaining charge.
