System kept raped woman `in dark’

A Nelson woman who suffered a violent rape has told her attacker she forgives him.

But she also spoke of how the justice system left her feeling ‘‘served up’’ to her attacker and paralleled her experience of being raped.

The woman spoke at a hearing in the Nelson District Court on Thursday, where West Coast man Jacob Jensen was found not guilty by reason of insanity for the brutal attack in September last year.

Victims are not usually allowed to speak at hearings of this nature, Judge Tony Zohrab allowed the woman to address the court.

She said she was grateful to have been given a letter of apology from Jensen, and offered words of forgiveness.

‘‘It is has been very helpful for me to read that you are sorry for your actions,’’ she said.

‘‘Please know that I wish for you what I hope for myself. I hope that you are resourced with enough resilience and support to bear the burden of your ill health and that you ultimately reach the maximum potential of your recovery, as soon as possible.’’

She also told the court the immense impact of the offending and the subsequent court process.

She described being ‘‘overcome’’ by Jensen as he ‘‘bashed and bashed’’ her head before raping her.

She suffered a traumatic brain injury which made some everyday tasks ‘‘impossible’’, as well as posttraumatic stress disorder.

She had hoped the support she had received would diminish the attack, but her experience of the justice system had been a ‘‘second and much more sustained intrusion’’ by Jensen.

‘‘I did not know that the procedures of justice as they stand, would relegate me to such a lowly status, and subject me to treatment that has provided parallel to my experience of being raped,’’ she said.

She’d been treated like a ‘‘body of evidence’’ and was alarmed that her medical information, including swabs taken after the attack and photos of her battered body, had to be provided to the defence in preparation for the case.

While she understood this was part of the justice process, the impact on her ability to heal had been immense.

In a statement provided to the Nelson Mail prior to the hearing, she said police had not been able to answer her questions – including whether they knew if the defendant had a sexually transmitted disease or was on a illegal substance at the time; nor were they able to provide her with a full account of what they understood happened on the night.

She’d felt ‘‘kept in the dark’’, as the justice system required her to be kept ignorant of anything that may have prejudiced her as a witness, had the matter gone to trial.

Psychiatrist reports presented to the court said Jensen was incapable of comprehending what he did was ‘‘morally wrong’’, was suffering from schizophrenia and an ‘‘acute psychotic episode’’ at the time of the attack.

Judge Zohrab ruled Jensen was not guilty by reason of insanity and made him a ‘‘special patient’’ under a restrictive detention order to a secure facility. The order means the Minister of Health will determine if and when he can be released, based on advice from mental health professionals.

At the conclusion of the hearing, Judge Zohrab thanked the victim for addressing the court in such a dignified way.

‘‘I’m sure many people would have approached matters in a different and less forgiving way and that stands very much to your credit,’’ he said.

He also acknowledged her criticisms of the justice system.