Warning: This story includes details of rape and sexual assault and may be distressing.

A 17-year-old, sent from Australia to live with her aunt and uncle in the Bay of Plenty, has lost her family, and her faith after her uncle raped and sexually assaulted her.

The man, who can’t be named for legal reasons, was found guilty by a jury on four charges, but continues to deny the offending.

He was sentenced in the Tauranga District Court last week.

While the victim’s parents travelled from Australia to support her in court, much of the rest of her New Zealand-based family were at the sentencing hearing in support of the defendant.

A woman wore a T-shirt emblazoned with his photo, which identified her as his wife and professed her husband’s innocence. His young children wore similar T-shirts.

The judge, and the man’s lawyer, described it as a “tragedy”, as the family had been torn apart.

The niece read a victim impact statement at an earlier court appearance in which she described being alienated from family, and the guilt she felt in relation to that.

She was saddened to lose her relationship with the then-27-year-old’s wife, whom she viewed as a second mother, and told the court members of the couple’s church had approached her and told her she was lying.

She had since lost touch with her Christian faith.

‘Seized her by the legs’, and raped

The most serious incident happened on June 18, 2022, after a small gathering at home. There had been drinking, and the defendant’s wife had gone to bed.

As the 17-year-old sat flicking through her phone in the early hours of the morning, her uncle came over, seized her by her legs, and raped her.

In summarising the offending, the judge said the violation was made easier by the fact she was wearing an “Oodie”, a one-piece garment, with nothing underneath.

The girl had said, during trial, that the rape lasted about five minutes.

The man was found guilty of rape, and three charges of indecent assault for touching on other occasions.

He was acquitted on a charge of attempted rape, and the jury failed to reach a verdict on two other charges.

A ‘house divided’, says lawyer

Crown prosecutor Daniel Coulson pointed to the significant breach of trust as an aggravating feature.

This applied not only in terms of the victim but also her parents, who had entrusted their daughter into the care of the defendant and his wife.

The Crown also spoke of the degree of violation, especially given the pain suffered by the victim following the attack.

The man’s lawyer, Martin Hine, referred to psychological and cultural reports, and a “huge” number of personal and work-related references.

“It’s a tragic situation. This is a house divided, and there is no easy way to address those issues,” Hine said.

Hine said that “notwithstanding the man’s relatively young age”, he appeared to be a “committed family man, hard-worker, committed to his family, his church, and his community”.

Hine said that in terms of rehabilitation and remorse, he could not argue for any discount for remorse because the defendant did not accept the guilty verdicts.

However, Hine said the man still had “very high levels” of rehabilitative prospects.

This was supported by the work the man had done while on remand, and his significant community involvement, and support.

Judge Paul Geoghegan questioned how there could be prospects of rehabilitation, with respect to addressing the cause of the offending, in circumstances where the defendant denied the offending.

Judge Paul Geoghegan. Photo / Andrew Warner

Hine responded that the man’s ongoing risk would be assessed by the Parole Board, and there was a “denials course” available to those in custody.

A pre-sentence report said the man arrived in New Zealand nearly a decade ago, and is now a New Zealand resident.

“What is clear is that prior to this offending you lived a productive and blameless life, with very clear values around contribution to your community and to supporting your family,” Judge Geoghegan said.

He also outlined the sentencing process, and the different aspects he would need to take into account.

“None of this will come as any particular comfort to the victim who will have to deal with the consequences of this offending for the rest of her life,” the judge said.

“I can only express the hope that this in some way assists in the healing process.”

The judge noted her vulnerability, given that she had been living away from family.

“The offending and your continual denial of guilt have resulted in significant strains on the victim’s family unit. This is offending which has split your family in two,” he said.

The judge adopted a starting point of eight years’ imprisonment for the rape charge, with a nine-month uplift for the indecent assaults.

He gave a discount of 15% for prior good character and 5% for prospects of rehabilitation, despite the denials, given his background and relatively young age.

He was sentenced to seven years’ imprisonment on the rape charge, and nine months’ imprisonment on the indecent assaults, to be served concurrently.

Tautoko Mai chief executive Julie Sach told NZME that it was a “heartbreaking” reality that survivors were often met with silence, denial, or blame, which could deepen harm.

In some cases, families were torn apart, and survivors faced pressure to stay quiet to “keep the peace”, she said.

“We want to be clear: this is never the survivor’s fault,” Sach said.

“Believing survivors is a critical step in supporting their healing. When someone shares their experience, they are placing enormous trust in those around them.”

Despite the challenges, healing was possible, and survivors could, and did, go on to rebuild their lives.

Tautoko Mai offers counselling and services, and is there to listen, to stand alongside survivors, and to help them reclaim a sense of safety, control, and hope.

For support or more information, please contact Tautoko Mai on 0800 227 233 or visit tautokomai.co.nz

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.

Hannah Bartlett is a Tauranga-based Open Justice reporter at NZME. She previously covered court and local government for the Nelson Mail, and before that was a radio reporter at Newstalk ZB.