A teenage boy was the victim of sexual violation and then bullying from others whom a judge described as showing no empathy. Photo / 123RF
WARNING: This story contains evidence of a sexual nature which some readers may find upsetting.
A Samoan seasonal worker forced to remain in New Zealand for years longer than planned due to the Covid pandemic won’t be going home any time soon.
Joseph Mafatau Salauta, who is yet to see his second child - born after he arrived in NZ in 2020 - has gone to prison for five years and 10 months for sexually assaulting a teenage boy during a night out in Motueka in January 2022.
A jury found the 27-year-old guilty of sexual violation and indecent assault after a trial in March this year, but Salauta maintains his innocence.
The victim, who was 15 at the time, said in a statement read in the Nelson District Court today on his behalf that not only had Salauta’s actions been devastating but the fact he hadn’t admitted them had made his life “hard to bear”.
He said going to court and being questioned by the defence was “the worst experience of my life”.
“It broke me in ways that are hard to describe.”
The victim had also been teased and bullied by friends - some of whom saw what happened.
“I used to go to school because I loved sports, but rugby became difficult to play when your mates don’t want to play with you because they think you’re gay,” the victim said.
He said it had taken less than an hour for his life to be turned inside-out and upside-down after he and some friends had been “hanging out” and eating fast food in a public reserve in Motueka around 10pm on January 2, 2022.
Salauta, an RSE seasonal worker, came to New Zealand in February 2020 for what was meant to be seven months, but the Covid lockdowns struck and he remained, which meant he missed the birth of his second child.
On the night of the offending, Salauta and some associates joined the youths at the table.
They shared a box of beer with some of the young people, before most of the group, including the victim, left in “dribs and drabs” and went to an address in Motueka.
When Salauta and an associate arrived at the house where the group had gone, they were denied entry and told to go home, but the pair sat outside.
The victim then went outside to see why they hadn’t left, a conversation started and the victim was enticed to go for a walk down the street. Just as they returned, Salauta grabbed the teen, pushed him against a fence opposite the house where his friends were, and was told if he didn’t do what was wanted, Salauta would hurt the friends.
Salauta then started to pull down the victim’s shorts and after grabbing his hand, forced him to perform an indecency. Salauta then pushed the victim to a kneeling position where he was forced to perform another indecency.
Judge Garry Barkle said a degree of force was involved, including that the victim’s head was pushed down and he was held by the collar of his shirt.
The extremely frightened victim complied through fear of what might happen to him and his friends, as Salauta’s associate stood by, apparently as a “lookout”, Crown prosecutor Jackson Webber said.
After a time the victim was able to get away and ran inside the house, where his friends called the police.
Judge Barkle noted that after Salauta had finished violating the victim, he then kissed him around the face.
Salauta was found several days later with the associate.
Webber said the harm to the victim had been significant, evidenced not only by his own statements but what his parents had confirmed.
He said what stood out was Salauta’s persistence that night. Aggravating factors included the victim’s vulnerability, being only 15 when the defendant was a man, and the pre-meditation involved.
Defence lawyer John Sandston said while it could be argued there was a degree of planning, the offending had “many hallmarks of spontaneity”.
He said while the jury found the offending was serious, Salauta maintained his innocence.
Sandston said Salauta was likely to be isolated by his sentence, not only by his language which few in prison spoke but because video calls were not possible from Samoa, and his wife would never be able to afford to fly to New Zealand to see him.
“He’s not saying, ‘woe is me’ but others in his life have suffered significant punishment and will continue to do so.”
Judge Barkle said a pre-sentence report showed Salauta had little insight into the effects on the victim and his family, who would take some time to heal.
He said the victim had also suffered unreasonable harm from others, who didn’t know the facts but had nonetheless shown little understanding or empathy.
From a starting point of seven years and 10 months in prison, Judge Barkle made allowances for Salauta’s personal circumstances to arrive at the sentence of five years and 10 months, with release terms to be set by the parole board.
The term of imprisonment means he is automatically included on the Child Sex Offender Register.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
Officers were photographed helping to paint protest signs.