Rapist can’t comment on case: judge

A judge has ordered a convicted rapist not to make comment about the case on social media or any other communication platform, saying if he does he may find himself in jail.

The 19-year-old man had previously admitted raping his then 14-year-old girlfriend when he was 17 years, at a jury trial in Invercargill last year. He also admitted a representative charge of sexual violation from December 14, 2020 to June 14, 2021.

While the man does not have name suppression, naming him could lead to the identification of the girl, who has automatic name suppression.

He was sentenced by Judge Duncan Harvey in the Invercargill District Court yesterday.

Crown lawyer Riki Donnelly read out the victim impact statement of the girl, which talked of her PTSD, anxiety, depression, panic attacks and self-harming since the rape took place.

She said she had been pressured by a member of the man’s support crew as she came out of the trial and was also subject to abuse on social media.

"This would have all been out of the way a long time ago had [the defendant] stood up and taken responsibility for his actions. Instead he dragged this out over a year."

She was the one who had to walk away when she was abused, and was unable to retaliate when comments were made about her.

Restorative justice could not take place as they did not believe the man was ready for the process, she reported.

The girl was worried what would happen to her once the man’s sentence was complete.

In her submissions, defence lawyer Sonia Vidal said it may be appropriate for the court to make a protection order so the girl could have some peace of mind.

The issuing of a protection order would also provide another level of education and counselling for the man, she said.

A report says the man could not remember events of the night of the rape, as he was a heavy cannabis user at the time.

Ms Vidal said her client’s life had stabilised since then.

"He appreciates sincerely the position he is in today. He wants to put it all behind him."

Judge Harvey said the girl had been courageous reporting the rape and in being prepared to go through with the prosecution.

"You certainly have nothing to be ashamed of, indeed you should be proud of yourself," he said.

He sentenced the man to 12 months’ home detention, but added a special condition to the sentence to not refer to the victim or comment about the case or the facts surrounding it on social media or any other communication platform.

"I want you to understand very clearly if there is even a suggestion that you have engaged in that type of behaviour either by social media or telephone, you will be put back before me and you will likely be sent to prison.

"I suggest you make it very clear to all of your friends there is a very real risk that you would be imprisoned."

karen.pasco@odt.co.nz

 

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