Former Marlborough seasonal worker Melota Metuala has been sentenced to eight years and 10 months in prison for the rape of a woman in Blenheim in 2019. Photo / Tracy Neal
In his view, the woman Melota Metuala raped was complicit – a "desperate, middle-aged woman" happy for his advances.
But a jury saw it for what it was, which a judge described today as "narcissistic, entitled behaviour towards women".
The former Marlborough vineyard worker, 24, has gone to prison for eight years and 10 months, after a jury found him guilty in June of rape, but not strangulation for which he was also charged.
Metuala, who is about to become a father, denied the charges after they were laid in September 2019.
However, Judge David Ruth said in the Nelson District Court that although he had been acquitted on the strangulation charge, there was enough supporting evidence to factor it into today's sentencing as an aggravating feature.
"As the presiding judge I am entitled to reach a view on the facts, if supported by evidence."
In September 2019, Metuala, who was nearing the end of his second season working in the Marlborough vineyards before heading home to Western Samoa, was near a Blenheim nightclub when he saw the woman appear to stumble from a taxi that had dropped her at the venue.
She appeared to drop something, then stoop to pick it up.
Metuala made his way towards her and ingratiated himself to the group the woman had joined. He was then seen to walk her away, with his arm around her shoulder, as if leading her to a nearby street.
The police summary of facts said images of them walking in the early hours of September 14 were captured by Marlborough District Council CCTV cameras.
Judge Ruth said it appeared that Metuala had already decided on some sort of sexual encounter.
He said despite the complainant's level of intoxication she was concerned about the unwanted attention and had the presence of mind to instead head to an area near the police station.
When Metuala realised she was seeking help from the police he "took off" - not because it was raining, as he told the jury, but because he didn't want to attract police attention.
He then headed towards the nearby BP Service Station, and waited.
"When you saw the police weren't following, you struck, and what followed was a humiliating and degrading sexual violation," Judge Ruth said.
The police summary said shortly after the victim had left the police station, as the doors were locked at that hour, she walked towards the petrol station wanting to buy food and cigarettes. That also was closed.
The victim then came across Metuala and she spoke with him before he grabbed her by the back of the neck and shoved her head towards the ground.
Metuala then forcibly removed her trousers, dragging her along the ground until they came off. She tried to sit up but was once more shoved to the ground.
Metuala then raped her on the fuel station forecourt.
Judge Ruth said the woman, who was aged 51 at the time, has been waiting for justice ever since.
Judge Ruth described her as being left with symptoms of Post Traumatic Stress Disorder and having experienced the most horrifying feelings she'd ever felt; that she had become isolated, nervous, depressed and made to feel worthless.
He said her dignity had been stolen.
"It is not unusual to see people – victims of this sort of abuse still feel elements of shame and guilt and feel somehow responsible for what happened.
"This is most certainly not the case."
Judge Ruth said the woman had been overwhelmed by Metuala placing his hands around her neck to quieten her.
He said the jury may not have been clear about what happened, but "it did happen", evidenced by the bruising on her neck and the fact her voice had been reduced to a whisper in the immediate aftermath.
"While you were not convicted of strangulation, I'm satisfied you did. It's a significant aggravating factor, given it's often used to gain control and still any resistance."
Judge Ruth said additional aggravating factors included the moderate to significant degree of vulnerability of the victim, his predatory actions and the violence involved.
Metuala's lawyer told the court today in final submissions before the sentencing that the defendant denied he had forced sex with the complainant.
This was his belief and understanding at the time, and while he had not expressed remorse, he had expressed his sincere apologies and regret for the harm caused, and the effect on the complainant.
The Crown reiterated it did not accept the argument that the victim had somehow contributed to what had happened.
Prosecutor Mark O'Donaghue said the victim had endured a demeaning and humiliating act, despite a pre-sentence report, which said Metuala maintained the victim had "paid" for sex.
Judge Ruth said Metuala's evidence at trial was a "concocted, implausible and untrue narration" designed to paint the victim as a "desperate, intoxicated, middle-aged woman", degraded further by the suggestion she was prepared to pay Metuala for sex.
He said the jury dismissed his repeated lies, and his story that he had been influenced by alcohol, and that he had no memory of what happened.
Judge Ruth said whether he was intoxicated was no defence in determining a penalty.
Neither was there any indication his background in Samoa had been particularly difficult; on the contrary, it had been a good upbringing with support and education.
Even if he had been deprived it was "not a reason to rape a woman in this country", Judge Ruth said.
He said the only mitigating factor was the time Metuala had spent on electronic bail. He had been in custody since he was charged in September 2019 until December that year, when he was granted electronic bail, up until June this year.
In that time he had been free to live and work relatively unrestricted, but curfewed to an Auckland address.
Judge Ruth noted that he had since found a partner with whom he was expecting his first child.
From a starting point of 10 years, Metuala was given limited credit for the time on electronic bail, before he was handed an eight-year and 10-month jail sentence.