Nine years’ jail for raping teen relative
A South Taranaki man claims raping a teenage family member was an expression of love.
‘‘When you love someone you give them your all,’’ he was quoted in a court report heard at his sentencing yesterday.
‘‘I love my family.’’
In New Plymouth District Court, Judge Emma Smith jailed the 34-year-old for more than nine years and imposed a minimum period of imprisonment.
While the Crown submitted the victim, who was 16 years old at the time of the September 2017, sexual assault, wants the man’s identity made public, Judge Smith suppressed his name and certain details of the case for the interim.
A jury found the man, who has a number of children, guilty of five charges – two of unlawful sexual connection, two of indecent assault, and one of rape – in a trial held in October.
At trial, defence submitted the man believed the sexual incident, which occurred at his South Taranaki home, was consensual.
He denied four charges and while he accepted sexual intercourse had happened, he claimed it was not rape, lawyer Julian Hannam argued.
But at his sentencing, Judge Smith shared her belief that it was only due to the DNA evidence that the man admitted there had been intercourse.
Referring to a victim impact statement, Judge Smith said the victim was utterly clear there was no consent and is disgusted the man has said otherwise.
The teen was asleep when she was woken by him. He then sexually violated and raped her.
The victim believes the man has no insight into how his offending has affected her.
‘‘He was just after his own sexual gratification but he has caused me a lifetime of pain and shame,’’ she said in a statement. ‘‘He is dead to me.’’
The court heard the teen’s mother blamed herself for failing to protect her child. Judge Smith said that was not the case.
At the time of the rape, the man, who has an extensive criminal history, was serving a sentence for indecent communication with a young person, who was known to him.
Referencing a cultural report which canvassed the man’s background, Judge Smith said there was a clear and direct link between his childhood and the offending. The man had experienced significant trauma, was disconnected from his culture, and suffered sexual and physical abuse.
Judge Smith imposed a sentence of nine years and two months. She further imposed the minimum imprisonment period of four years and six months as it was her ‘‘firm view’’ that without it the community may be at risk.