Rapist next door to victim: Only law change would fix it

File photo / NZ Herald

A man who raped an Invercargill woman has been allowed to move in next door to his victim, and a legal expert says there's nothing police can do about.

Craig James Crofts, 48, was jailed for four years in 2004 after admitting he raped the woman, and last month moved in to the city property next door to his victim, the Southland Times reports.

While the woman has an indefinite protection order against Crofts, it does not say he cannot live beside her.

From inside her home she can see her attacker, she said.

"When I see him I feel very shaky and that's how he affects me, it just brings everything back - I hate him living next to me," she told the Southland Times.

However Crofts told the paper while he knew she lived there before he moved in, he had nowhere else to live.

He said he also felt nervous when he saw her as he feared she would call the police.

Police have visited the man and encouraged him to move, but have no legislative powers to force him to relocate.

Crofts had been described by Judge Kevin Phillips a high-risk recidivist offender with limited controls and a strong sexual drive, the Times reported.

Auckland University law professor Warren Brookbanks said unfortunately it does not appear there is anything either the woman or the police can do.

"I can't think of any statutory power or statutory authority that she could call on that would require him to be relocated," Dr Brookbanks said.

He said the Victims' Rights Act does not allow victims to determine where someone who has served their time can live.

"Sadly the police are probably right.

"There's nothing in legislation that can require a person who is no longer under the control of state authorities to relocate simply because their presence doesn't suit another person nearby.

"They don't have that power, even though I can understand the anxiety that would generate from her point of view.

"If he does anything that is threatening or upsetting she would have remedy to in terms of making a complaint to police and they could pursue whatever charges were appropriate, but until he does anything like that I can't think of anything she can do about it."

Mr Brookbanks said while legislation could be changed to ensure cases like this do not happen, it would be difficult.

"There would be hails of protest from civil liberties' organisations saying the person has served their time, he is now a free citizen, he should be able to live where he likes, as long as he continues to obey the law.

"There would be difficulties if you tried to enact some provision, that said an offender cannot live next to his victim.

"And then the question is how far do you extend that restriction? Is it just the house next door, is it the whole street or is it the neighbour?

"It would be difficult to frame a provision which wouldn't unduly restrict a person's fundamental freedoms."

- Herald Online staff