Sex assault victim must pay attacker
The victim of a historic sexual assault by an air force sergeant has been ordered to pay her abuser almost $28,000 in legal costs. Former air force recruit Mariya Taylor was 18 years old when she was sexually harassed, assaulted and bullied by her boss, Sergeant Robert Roper, in the mid-1980s.
Roper, 72, was sentenced in 2015 to 13 years’ imprisonment after being found guilty of 20 sex charges against five women.
His offending occurred between 1976 and 1988 when he served with the Royal New Zealand Air Force at its Whenuapai base in Hobsonville.
However, his crimes only came to light at the end of 2012 — 23 years after he left the military — when his daughter Karina Andrews told police her father began abusing her at the age of 6.
Taylor went to police after Roper was convicted but dropped her police complaint in favour of High Court civil proceedings and sought compensation from Roper and the Attorney General on behalf of the Defence Force.
She sought $600,000 in compensation, special damages for loss of earnings, medical and other expenses, and interest and legal costs.
She alleged that military officers were aware Roper was targeting younger women but ignored her and other’s complaints.
However, after a High Court civil proceeding in September last year, Taylor’s claim was dismissed because it was barred by both the Limitation Act and by the Accident Compensation Act.
Despite Justice Rebecca Edwards dismissing Taylor’s claim for damages — the judge accepted many of her allegations.
The case was then taken back to High Court after both the RNZAF and Roper sought an award of costs. The RNZAF subsequently withdrew its application after Prime Minister Jacinda Ardern asked officials to drop the RNZAF’s costs claims as Taylor had “been through enough”.
However, Roper continued his claims which came to a total of $55,638.50 plus disbursements of $220.
The case was heard by Justice Rebecca Edwards in the High Court at Auckland.
In a judgment released yesterday, Justice Edwards ruled Taylor must pay Roper $27,819.25.
Court documents noted that the primary purpose of a costs award was to compensate a successful party for the costs they had expended in having their legal rights recognised and enforced in a court of law.
Costs were not ordered as punishment against the losing party, nor as a reward for the winner, they stated.