Corrections will now apply to the courts for stricter conditions around Michael John Danyon Fraser, to ensure he does not victimise any other women on its watch.
The 26-year-old was sentenced to two years and three months' imprisonment in March after pleading guilty to assault with intent to commit sexual violation, strangulation and assaulting a female.
However, he was recently released back into the community after successfully appealing for a replacement sentence of home detention because of his autism.
When Fraser was convicted it was not his first time before the courts on sex charges.
At one previous trial in the Dunedin District Court a jury heard that two complainants alleged they were raped just five weeks apart in January and February 2018 in similar circumstances.
Each gave evidence that they met Fraser through the popular dating app Tinder and went to his city flat in the early morning.
They said they were slapped and choked while the defendant had sex with them, none of which they consented to.
In his most recent trial, Fraser admitted that he met a woman in a bar and took her home where he throttled her and attempted to violate her as she tried to get away.
On Monday the Otago Daily Times revealed Fraser’s appeal against his prison sentence was successful.
In a recently released judgement, Justice Jonathan Eaton accepted that Fraser’s autism spectrum disorder was a “key aspect” and tipped the balance in favour of a community-based sentence.
Justice Eaton said the victim’s statement at sentencing made it clear she had suffered trauma as a result of Fraser’s offending.
“This offending has had very real and lasting consequences that have adversely impacted the victim who was left physically and mentally traumatised from this attack,” he said.
The ODT reported that while on home detention, Fraser will undergo an assessment for specialist sex offender treatment.
Hours after Fraser’s appeal decision was released, The New Zealand Herald was alerted to a Tinder profile bearing his name, age and photograph.
The profile was screengrabbed and shared among women in Dunedin in a bid to warn them of Fraser’s background and conviction.
The Herald contacted Corrections for comment, which resulted in an investigation into the profile.
Southern region operations director Kylie Macdonald said Fraser was released on Thursday last week.
While on home detention he is subject to electronic monitoring - and Macdonald said Corrections was “managing him extremely closely” on 15 standard and special conditions imposed by the court.
“After becoming aware of this profile yesterday, we immediately investigated,” she told the Herald.
“We urgently met with this person, who has advised us he has now deleted all dating apps and accounts.
“While use of dating apps does not constitute a breach of his current court-imposed conditions, we are committed to doing everything possible to ensure we are managing this person as closely as we can.
“We have advised the court that we are preparing to put forward an urgent application for additional special conditions to further strengthen our ability to manage and monitor this person.”
Macdonald noted Fraser was acquitted of the sex charges relating to the women he met on Tinder previously.
However, Corrections would still seek to firm up Fraser’s conditions.
“I acknowledge that seeing this profile may have been traumatic and distressing for anyone who has been impacted by this person’s offending,” she said.
“We are absolutely committed to keeping women safe, and are taking urgent action.”
Corrections will apply for a number of specific conditions for Fraser including:
Not to access any social media sites including dating apps or websites without the written permission of a probation officer.
Not to use or possess any device capable of accessing the internet unless he is under the direct supervision of an adult approved in writing by a probation officer, or unless he has the written approval of a probation officer.
To disclose to a probation officer, at the earliest opportunity, details of any intimate relationship that commences, resumes or terminates.
Upon request, to make available to a probation officer, or his or her agent, any electronic device capable of accessing the internet that is used by him, or is in his possession or control, for the purpose of monitoring his use of the device.
Sexual harm - do you need help?
If it’s an emergency and you feel that you or someone else is at risk, call 111.
If you’ve ever experienced sexual assault or abuse and need to talk to someone contact the Safe to Talk confidential crisis helpline on:
Text 4334 and they will respond
Email support@safetotalk.nz
Visit https://safetotalk.nz/contact-us/ for an online chat
Or contact your local police station.
If you have been abused, remember it’s not your fault.
- By Anna Leask
