A constable jailed for raping a colleague while she slept will be released from jail despite the victim raising concerns with the Parole Board. 

Jamie Foster, 31, was sentenced to six years in prison in 2020 after he was found guilty of indecently assaulting and sexually violating his female colleague at a Northland motel in the early hours of February 5, 2019. 

He will be released from prison on April 13 under a number of restrictions. 

The Parole Board confirmed last week that the 31-year-old had been granted parole but today released its written decision, which says Foster still denies the offending. 

Foster's lawyer Sumudu Thode told the board Foster had "always denied the offending". 

A submission was made to the Parole Board by the victim. The decision said Foster's lawyer "noted the victim's concerns, but submitted that in terms of risk assessment the Parole Board could be satisfied Mr Foster is not an undue risk of reoffending". 

His counsellor said he had made "sound and useful gains" in therapy, and reports from three psychologists said he was at low risk of reoffending. 

Foster told the board he would continue to see his psychologist whether or not he was released. 

The board granted Foster parole under a number of special conditions including three years of electronic monitoring, not to possess or consume alcohol or other substances, to remain at an approved address between 10pm and 6am, and to not travel north of Puhoi without permission from a probation officer. 

Foster was staying at a Kerikeri motel with a group of officers assigned to help police the 2019 Waitangi Day events at the Treaty Grounds. 

The group was partying and drinking alcohol stored in a room Foster was sharing with a male colleague. 

CCTV footage from that night was played during the trial and showed drunken, lewd behaviour by several officers at the motel - including a senior sergeant exposing himself and drinking from a hollowed-out police baton. 

The jury accepted evidence Foster groped the woman when she went into the room to get a drink, that she had told him to stop. She later returned to her room at the end of the night but woke about 2.30am to find him raping her.

Foster's defence at trial was that the sex was consensual - that he believed the woman's reaction to the first incident meant "not yet" and was an invitation for him to go to her room later. 

Foster appealed against his convictions to the Court of Appeal on the grounds there had been a miscarriage of justice because of evidential and procedural matters at the trial – but this argument was rejected. 

The Supreme Court denied two applications by Foster for leave to have his appeal heard by it. 

The Parole Board said another hearing with Foster would happen in six months. 

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.