Victim angry after abuser appeals jail term

Her case beat the statistical odds when her sex abuser was convicted but a woman now regrets going to police in the first place due to the emotional toll her search for justice has had on her.

For a fleeting moment, in a Taranaki courtroom in May this year, Faith*, whose real name can’t be used due to a court order, felt some measure of comfort when her abuser, Matthew William Cavaney, was jailed for two years and two months on a charge of unlawful sexual connection. But less than 24 hours later, she found out he was going to lodge an appeal.

‘‘I was so angry. I was OK with the fact he got jail.’’

What has made her feel even worse is that Cavaney’s High Court appeal was successful and his jail term was commuted to home detention.

When the ruling was originally released, Cavaney was granted interim name suppression but this had since been lifted as the Crown and the defendant’s lawyer agreed there was no proper basis to argue the order.

One of the reasons the appeal was granted was that Cavaney had not been given enough credit for his remorse.

Faith felt his right to challenge his sentence had only amplified how she felt her voice had been sidelined.

At Cavaney’s sentencing, she spoke of the mental and physical anguish she had suffered as a result of the abuse, including insomnia and nightmares.

At the time, Judge Tony Greig said it was ‘‘one of the most compelling’’ statements from a victim he had heard.

But Faith now feels her words were for nothing. And the whole experience has left her questioning whether it was worth even speaking out in the first place.

New Zealand has one of the highest rates of family and sexual violence in the OECD (an intergovernmental economic organisation). A recent New Zealand crime and victim survey highlighted how 94% of sexual assaults are not reported to police.

Other statistics are just as grim. In Aotearoa, 30% of adults experience sexual violence, with women three times more likely than men to be victimised.

Only three out of 10 incidents reported result in charges being laid in court, with one of those ending in a conviction. ‘‘That is a tiny amount,’’ Faith said.

Work is under way to minimise the impact the court process has on victims of sexual violence, with the hope it will make it easier for people to come forward.

The Sexual Violence Legislation Act changes include providing an ability for complainants to give evidence via pre-recorded video, and a requirement on judges to step in and dispel any rape myths which are raised in evidence.

The law changes are part of a wider strategy, known as Te Aorerekura, which has the ambitious aim of eliminating family and sexual violence.

Meanwhile, Faith is doing what she can to deal with the aftermath of her abuse.

As a victim of child rape, she has been in ACC-funded counselling but the consequences of Cavaney’s assault for her had ‘‘definitely halted’’ the progress she had been making in therapy.

Faith also felt let down by the way the police handled the investigation and did lay a complaint with the Independent Police Conduct Authority.

However, the watchdog said it did not meet its threshold to launch an investigation.

While Cavaney apologised to her in court for what happened, Faith did not feel it was genuine.

She is now seeking her own legal advice to see if she can challenge the appeal decision.

Motivated by wanting to find her own form of justice, Faith was also mindful of the other sex abuse victims who never get their day in court. ‘‘I am only doing what I need to do now.’’