The conviction of a Rotorua man for a rape he committed 10 years ago proves the value of the DNA databank, says a crown prosecutor.
Robert Hokoie Clarke, 36, was sentenced to 8 1/2 years' jail at the Rotorua District Court last week for raping a woman, sexually violating her by unlawful sexual connection, and burglary in 1991.
He pleaded guilty to the charges after a blood sample was taken and a DNA test revealed he was "100,000 million times" more likely than any man chosen at random in New Zealand to have committed the rape.
Jonothan Briscoe, who prosecuted Clarke, said the Crown had been able to obtain court orders for DNA sampling since 1996, when the Criminal Investigations (Blood Samples) Act came into force.
About 200 applications had been made through the Rotorua courts and there had been a couple of DNA links to offences, Mr Briscoe said.
Blood samples could be taken from people who had been convicted of a variety of offences, including sexual violation, aggravated burglary, robbery and aggravated assault.
Police investigating a crime could also take blood samples from suspects with their permission.
If a suspect refused, police could apply for a court order to take the sample.
The court was told last week that on the day Clarke was released from prison in 1991 he broke into the victim's Christchurch house, where she was asleep with her three children.
Judge James Weir said the victim's husband was away on business.
Clarke forced the woman to perform oral sex, then raped her.
He told her if she identified him to police he would return and kill her.
Judge Weir said it was not until 10 years later that Clarke came to the attention of police through a "fortuitous set of circumstances".
Shortly after the rape, Clarke was jailed again for other offences. Prison staff recognised he could be a suspect in the rape case, but Clarke denied any involvement and a blood sample was inconclusive.
However, last November Clarke was linked to the crime after providing a blood sample for an unrelated allegation. That DNA was matched to semen left at the Christchurch rape scene.
Judge Weir said the victim had suffered from depression and had a nervous breakdown.
She said she did not feel safe and had lost the ability to have an enjoyable and relaxed lifestyle.
The stress on her marriage had been on-going, he said.
"That the family are devastated is an understatement," Judge Weir told Clarke.
While he accepted that Clarke had an unsettled upbringing, he was an adult when he committed the offence and had to be aware of the consequences of his actions.
The judge accepted a comment made by Clarke's probation officer that Clarke was unrepentant and had insisted the woman was partly responsible.
- NZPA
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