Jail time for familial sexual misconduct

A Dunedin woman "not out for blood" but seeking justice watched on as the family member who spent years sexually violating her was sentenced to jail.

The man, who was granted name suppression, appeared in the Dunedin District Court last week on seven charges of sexual misconduct against a younger family member, who was 8 when the offending began.

Throughout childhood, the victim and her abuser spent significant time together at their grandparent’s house.

This allowed the defendant to form a habit of sexually violating his victim, as frequently as fortnightly — at times manoeuvring his way through a locked bathroom door to corner her, or preying on her during games of spotlight.

When the defendant was 17, he forced his victim to look at pornographic images, before performing sex acts on her.

At the age of 12, the victim attended a sexual-education class at school and realised what she had endured was illegal — despite being told repeatedly by her abuser that the violations were "normal".

The defendant, who was aged between 14 and 17 at the time, appeared "regretful rather than remorseful", Crown prosecutor Marcail Brosnan said.

"He has expressed his regret but he has not accepted culpability for his sexual grooming," she said.

The man claimed to have "always been interested in exploring girls’ bodies", believing his victim was a "willing participant" in the abuse, the court heard.

"I do struggle to see how you could believe that," Judge David Robinson said.

"Despite your realisation that this was wrong, you continued to offend, saying that it became a habit."

The habitual sexual offending came at a great cost, his victim sharing details of her significant mental health struggles and the immense shame she carried.

The court heard of the victim’s frequent panic attacks, battles with depression and how her family had been "ripped apart".

The woman hoped justice could be served.

"I am not out for blood," she said as she stood facing the man in court.

Counsel John Westgate advocated for the man, insisting he felt empathy for his victim and had since shown good character by maintaining employment, having a family of his own and holding an otherwise clean criminal record.

The court heard details of the defendant’s troubled early life, an adolescent suicide attempt highlighting the detrimental effects of having a mother who "did not model appropriate sexual behaviour".

Judge Robinson acknowledged the defendant’s struggles and his potential for rehabilitation, but noted the "victim vulnerability" stood out as an aggravating factor.

The man was sentenced to 33 months’ imprisonment and avoided being registered as a sex offender due to his age at the time of the offending.

 

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