‘Stealthing’ case: prison term upheld

Convicted rapist loses Court of Appeal bid

Aman convicted of rape after removing a condom during sex has lost an appeal against his prison sentence. The conviction of Jessie Campos, 50, for the rape of a sex worker is considered legally significant because it was the first “stealthing” rape prosecution in New Zealand.

“Stealthing” is the sneaky removal of a condom during sex, after consent to intercourse has been given as long as a condom is worn.

Campos paid for a one-hour session with his victim at a Wellington brothel in December 2018.

She told him repeatedly that he must wear a condom but Campos twice tried to remove the condoms she provided. He was successful the second time.

His distressed victim told Campos to get out, sought help from her manager, and they called the police.

Campos was found guilty of rape after a jury trial in the Wellington District Court and in April last year was sentenced to three years and nine months in prison.

Judge Stephen Harrop, in sentencing, said Campos’ offending was aggravated by planning and premeditation, the mental harm it caused, and the risk of other harm to the victim, including pregnancy, sexually transmitted disease and loss of employment.

Campos appealed, however, on the grounds that his sentence was “manifestly excessive”.

Campos’ defence lawyer had argued that a cultural report on the man, who arrived from the Philippines in 2016, was directly relevant to the sentencing.

The report said that “in the Philippines, his behaviour would have been regarded as perhaps more normal than is the case in New Zealand”.

Judge Harrop disagreed, saying: “I can’t proceed on the basis that raping sex workers is any more acceptable [in the Philippines] than it is here.”

Three Court of Appeal judges have now upheld the jail term. The appeal judges said the starting point was within an acceptable range and the discounts applied by the sentencing judge were “generous”.