An Auckland rapist has been granted a one-and-a-half-year sentence reduction due to his “sexsomnia” being a “mitigating factor”. 

Taine Wanoa, now in his mid-20s, was between the ages of 19 and 21 when the predatory behaviour against four women occurred following nights of heavy drinking in Auckland, Wellington and Whakatāne. 

He pleaded guilty in August to one count of rape, punishable by up to 20 years’ imprisonment, and four counts of indecent assault, which carries a maximum possible sentence of seven years’ imprisonment. 

Judge Maria Pecotic began with a four-and-a-half-year starting point on the rape conviction but granted a one-and-a-half-year discount due to his sexsomnia forming a mitigating factor. 

A starting point of nine months for the indecent assaults was then issued, but after taking into account Wanoa’s guilty pleas, youth, previous good character, remorse, rehabilitation and time spent on bail a final sentence of 11 months home detention was granted. 

One victim said in a statement read by Judge Pecotic that she felt violated and humiliated and had lost her sense of security due to the offending. 

She was no longer the same person she had been before the assault, the victim impact statement said. 

Wanoa’s lawyer, Katie Hogan, had argued a sentence of community work or community detention would be appropriate once the discounts had been taken into account. 

She said he had already suffered an “unfair” additional punishment for his offending due to an article published in the Herald which featured comments from an academic about sexsomnia. 

Hogan told the court Wanoa had lost his job as a result and he and his family had received abusive messages. 

Taine Wanoa leaving the Waitākere District Court. Photo / Michael Craig 

Sexsomnia is a recognised sleep disorder akin to sleepwalking that has been used as the basis of a legal defence multiple times in New Zealand and abroad, with varying degrees of success. However, this case appears to be one of the first times in New Zealand the condition has been used as a compromise of sorts between prosecutors and the defence, resulting in a guilty plea but also potentially reducing the defendant’s culpability at sentencing. 

“Mr Wanoa has a reported history of parasomnic sexual activity [sexsomnia] ... “, the agreed summary of facts for the case state. “He can be more susceptible to these behaviours if he is sleep deprived and/or is intoxicated under the influence of alcohol or other drugs.” 

In two of the cases he pleaded guilty to, Wanoa was described as having been “in a semi-conscious sleep state” and acting on the “mistaken understanding” he was touching his then-girlfriend, who was also in the bed. 

“Notwithstanding his semi-conscious state, he accepts that he did not make reasonable inquiries about initiating the sexual contact,” the court document states. 

The first claimed sexsomnia incident occurred in 2020 when Wanoa put his hands down his then-partner’s friend’s pants, who had crashed in bed with the pair after a night of drinking. 

“Following this incident, Mr Wanoa had a conversation with her where he explained that on occasion he has tried to have sex with his then partner while they were both asleep and that it becomes worse when he is asleep or drunk,” documents state. 

Five months later, Wanoa raped a different woman who had been sleeping next to him and his then-partner after a party in Wellington. 

“As soon as [she] disturbed Mr Wanoa, he became fully awake and began to realise the situation and the extent of his actions,” the agreed summary of facts states. “[The victim] went to the lounge area to sleep. 

“When she woke and realised what had happened she became hysterical and showered before leaving the address so she could catch a flight to return home. Mr Wanoa messaged [her] shortly after she left the address, apologising and asking if she was okay.” 

Taine Wanoa pleaded guilty to one count of rape and four counts of indecent assault. 

But there were two earlier occasions - both in Whakatāne in February 2019, but on different nights and involving different victims - that he pleaded guilty to, not mentioning sexsomnia as a defence. 

On the first occasion, he, his then-girlfriend and two other female friends got into bed together fully clothed after a night of drinking. Around 1.30am, he began groping one of the women. She pushed him away and left the bedroom with the other woman who wasn’t his girlfriend. 

In the second incident, less than two weeks later, Wanoa climbed into the victim’s window and when two female friends left the woman’s room he began groping her. 

“[The victim] told Mr Wanoa to stop and unsuccessfully tried to shove him away,” documents state. “Mr Wanoa continued to grope [her] breasts. [She] eventually fell asleep. Mr Wanoa did too. 

“When she woke [the victim] got up and told her sister what had happened and asked her to get Mr Wanoa to leave. He did shortly after. The following day Mr Wanoa sent a message to [the victim] using the social media platform Snapchat. The message consisted of an apology along the lines of, ‘Sorry about last night’.” 

He was initially charged with more than 20 counts of sexual misconduct regarding the earlier incidents, including allegations of rape. The charges were significantly pared down by prosecutors last year. 

Katie Harris is an Auckland-based journalist who covers social issues including sexual assault, workplace misconduct, crime and justice. She joined the Herald in 2020. 

SEXUAL HARM

Where to get 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 Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email [email protected]
• For more info or to web chat visit safetotalk.nz
Alternatively contact your local police station - click here for a list.
If you have been sexually assaulted, remember it’s not your fault.