Victim irate after sex attacker avoids jail

Judge cites offender’s depression in decision to give home detention

A woman sexually assaulted by a stranger while she slept is appalled that one of the reasons he was spared jail was because he had depression.

The 25-year-old teacher, who can’t be named, says she has been let down by the justice system after her assailant was ordered to serve 12 months home detention, 100 hours community work, and to pay $3000 reparation at $20 a fortnight — which will take six years.

“Home detention . . . doesn’t seem like a punishment at all. He can lay at home and watch movies all day,” the woman told the Weekend Herald.

The woman was sexually assaulted In February last year by Paki Erueti Pera, 33, whom she met during a night out in Auckland with a friend and Pera’s colleague. The four stayed at the woman’s friend’s home and the victim fell asleep on the couch.

According to a summary of facts Pera performed a sex act on the victim for two minutes while she slept, then removed his clothes and lay on top of her.

Pera told police he’d offended because he felt “excited” as the other couple in the home were having sex.

He pleaded guilty to sexual violation by unlawful sexual connection and was sentenced in January. Under the Crimes Act anyone who commits sexual violation must be jailed, but judges have discretion to avoid imprisonment in special circumstances.

According to sentencing notes provided to the Weekend Herald Judge David Sharp gave sentencing discounts for Paki’s lack of previous convictions, his family support and “significant” depression.

Judge Sharp said Pera would be less likely to receive counselling in jail, and that the presumption of imprisonment was “overwhelmed” by Pera’s personal circumstances.

“In addition to your good character, your early plea and the fact that you are not expected to be someone who would be before a court again, and have good strong family support . . . the only other fact that presents is [that] you suffer from depression.

“To my mind, you are someone who would find prison more of a barrier than is ordinarily the case. For that reason . . . you will receive a term of home detention,” Judge Sharp’s sentence reads.

The victim said she still suffers nightmares, and lives with fear and anxiety.

“The judge had the choice. I just [don’t feel like home detention] should be an option in cases like this. If you’ve sexually assaulted somebody in any way you should be put away, for even a small period of time.”

An earlier sentencing was adjourned at the last minute to allow Pera to prepare and the victim, who had come prepared to read her victim impact statement, says she was disappointed the new date was one on which she would be out of the country.

The delay between the judge hearing her victim impact statement and delivering the sentence was unfair, she said.

She was never offered a restorative justice session and despite inquiring about why in February, she is yet to receive a response from the court.

“I feel they’ve taken into account his issues and emotions and feelings rather than mine,” she said.

No one offered to provide sentencing notes to her until the Herald became involved, although the Crown offered to meet her to discuss the sentence.

A Crown Law spokesperson confirmed Crown prosecution referred the matter to them for an appeal consideration but Crown Law considered the sentence wasn’t manifestly inadequate for the circumstances, and therefore could not be appealed.

Victims’ advocate Ruth Money is calling on the Ministry of Justice to change the way it treats complainants, saying the victim’s complaints are ones she hears often.

She said home detention sentences in sexual violence cases were “sadly not uncommon” and claimed the victim had been let down.

“This brave lady has to suffer at . . . every touch point in this system. I’m calling on the ministry to [put] victims first and streamline the process so there is one adviser with them who can answer all their questions.”

The Ministry of Justice’s chief operating officer Tania Ott said it couldn’t discuss individual cases but she was “more than willing” to discuss the victim’s concerns with her.

After a 2015 Law Commission report on experiences of sexual violence victims in court, the ministry was implementing a number of initiatives including guiding victims about what to expect from the criminal justice process, and training court staff how to interact with victims appropriately, Ott said.

In 2016 some district courts began piloting a specialised sexual violence court in an effort to reduce delays and improve the court experience, particularly for victims.

In December chief district court Judge Jan-Marie Doogue said it was still too early to draw “firm conclusions” from the early stage data.