An Invercargill District Court jury yesterday failed to reach a verdict on a rape charge but did find a Zimbabwe man not guilty of sexual violation.

After a five-day trial, the jury found Munyaradzi Chikerema, 28, not guilty of sexual violation and guilty of indecent assault, but could not reach a verdict on a charge of rape.

Chikerema was on trial accused of the sexual violation by rape and sexual violation of a then 17-year-old woman, and the indecent assault of another, also 17, at Oreti Beach on May 11 last year.

Judge Kevin Phillips discharged Chikerema on the sexual violation charge and remanded him in custody to appear in the Invercargill District Court on September 23 for sentence on the indecent assault.

On the rape charge, he also remanded him in custody for a decision to be made on a new trial by August 26.

Judge Phillips told Crown prosecutor John Young and defence lawyer Hugo Young he intended to discharge the jury from deliberating on the rape charge moments before its members returned to the courtroom at 5.40pm.

The jury's foreman had told him they could not reach a decision 50 minutes before returning to the court and despite him giving them direction that situation had not changed, he told the lawyers.

"They're really saying they are deadlocked."

Before the jury retired at 10.10am the issue of consent and what the accused believed dominated Judge Kevin Phillips' summary of the case.

On the rape and sexual violation charges, it was for the Crown to prove the woman was not consenting and to prove Chikerema did not hold a reasonable belief she had consented, he said.

Summarising the Crown case, he reminded the jury Crown Prosecutor John Young had pointed out the implausibility of a 17-year-old virgin having met Chikerema only an hour previously would then consent to have sex with him.

Chikerema's lawyer Hugo Young had said the woman had willingly gone into the sand dunes with him, Judge Phillips said.

On the third charge, the Crown case was Chikerema had made attempts to touch the second woman's breasts and to kiss her, he said.

Hugo Young said the incident was nothing more than playful and good fun and his client had grounds to believe he had consent, Judge Phillips told the jury.

Southland Times contributed to this report

By Special correspondent