Seven-year term for rape of intoxicated woman

At his sentencing, the man still did not accept that he had committed rape. Photo / NZME

A 32-year-old woman did not get to see the jailing of the man convicted of raping her. She could not go to a courthouse to watch on video-link because she has Covid-19.

But she wrote in her victim impact statement: "The trial was incredibly difficult. I struggled with the process of being questioned about being complicit and consenting. The guilty verdicts were such a relief. I felt heard."

The man, Joel Comerford, who was aged 36 at the time of the rape, was jailed for seven years by Christchurch District Court Judge Tom Gilbert, on the rape charge as well as a charge of sexual violation by unlawful sexual connection.

Comerford still denies the offending but his defence counsel Joshua Shaw said he had already begun rehabilitation, recognising how profoundly alcohol and drugs had affected his life.

Shaw asked the judge to carefully consider the woman's state of intoxication at the time of the incident - she had described being "unable to resist for a time" - and pointed out that as soon as she signalled her resistance, Comerford had stopped having sex and apologised.

Judge Gilbert and Crown prosecutor Penny Brown both rejected the idea that there could be a mistaken belief in consent by Comerford.

Judge Gilbert said Comerford had "constantly badgered" the woman for sex when they spent some time together away from Christchurch one day, and she had agreed to spend a night at a motel with him, but in separate beds, and on the basis that there would be no sex.

At the motel, they listened to music, drank alcohol, and Comerford would not let her see how much MDMA - Ecstasy - he was giving her.

She told the trial the drugs hit her hard, and she "essentially passed out". She woke to find Comerford kissing her neck and undressing her but she was unable to talk or move.

He performed oral sex on her and had intercourse while she lay in a limp, helpless state, she said. He continued for three or four minutes until she regained some of her functions and protested.

The Crown said the woman was vulnerable because of her intoxication.

Shaw passed a letter to the judge and the Crown, to be passed on to the victim if she was willing to receive it.

She had planned to be on video-link at another courthouse to read her victim impact statement but was unable to do so because she now had Covid-19, Brown explained.

In her statement, read in court, she said she was now receiving counselling and had been diagnosed with post-traumatic stress disorder, anxiety, and depression.

Judge Gilbert said he believed Comerford had "contributed to her getting into a compromised state in the hopes she would have sex with you". She made it clear she was not prepared to have sex, but when she became incapacitated, Comerford had "helped himself" anyway.

He allowed a six-month reduction of the sentence for Comerford's personal factors, and imposed a seven-year jail term.

Comerford's ex-partner was in court to see the sentencing. As he was taken to the cells, he said to her: "I love you. Sorry."

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 support@safetotalk.nz
• 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.