Sex offender protected by name suppression lives ‘completely free’ for six months after sentencing delay

In November 2023 Zane Justin De Klerk was convicted of sexually assaulting a teenage girl “numerous times” in her own home.

But he was not sentenced until May 1 for his “clinical and detached” offending.

De Klerk was sent to prison for more than four years, however, his victim said the almost-six-month delay between conviction and sentence was a disgrace.

To make matters worse, a suppression order was in place until sentencing, meaning he could go about his life without anyone being aware he was a convicted sex offender.

The victim spoke to senior journalist Anna Leask about her ordeal and disappointment in the justice system.

Sentencing generally takes place a month or so after a person is convicted of a crime in New Zealand.

And that is what Erin (not her real name) expected after a jury found Zane Justin De Klerk guilty of repeatedly assaulting her.

But it would be six months until he stood in the dock to find out his fate.

Up until that day he had name suppression, meaning no one could disclose or publish any information about his offending and convictions.

“How is that ok?” Erin said.

“You have a convicted sex offender out and about, being able to just live his life for five or six months… when he’s most likely going to get some sort of jail term?

“That’s dangerous… no one knew who he was, he could just continue living, completely free.

“The community deserved to know.”

After her journey through the justice system, Erin felt compelled to share her story.

She hoped it would help other women come forward and seek justice for abuse they had been subjected to.

“I want to do anything and everything to help anyone through this process… I’ve had to educate myself on the whole system each step of the way and I want to use that to help others,” she said.

De Klerk was convicted in November 2023 but not sentenced until May 2024. Photo / NZME

De Klerk abused Erin multiple times in 2008.

She did not disclose the sexual assaults for many years.

However, when she did, De Klerk was charged with a raft of sex offences.

He denied the charges.

After a trial in the Auckland District Court, a jury found him guilty on two counts of indecent assault and a third of sexual violation by unlawful sexual connection.

They acquitted him on several other charges.

The trial finished on November 23, 2023 but De Klerk was not sentenced until May 1 this year.

Sentencing was originally set down for early February but police contacted Erin to tell her it would be delayed by a couple of weeks as De Klerk had requested a cultural report.

But it took much longer to get a date locked in - which was put down to “scheduling” issues.

Erin attended the hearing by audio-visual link, as she was overseas.

At the outset Judge Bruce Northwood noted that while De Klerk continued to deny the offending - the jury’s verdicts were binding and he would be sentenced accordingly.

“Evidence of numerous occasions of offending is overwhelming,” he said.

At the trial, the court heard that De Klerk was known to the teen’s family and spent time at their home.

That is when he assaulted her.

Judge Northwood said the jury had heard evidence of assaults when the teen was 15 - but could not be sure beyond reasonable doubt that he was guilty of the related charges and he was acquitted.

He was only convicted of the offending that happened after she turned 16.

“Sometimes you would wake (her) up in the early morning, essentially to watch television but in reality, this provided a discrete opportunity to offend,” the judge said.

“The final incident… happened when no one else was at home… The lack of consent relating to that incident was typified by her moving her head to try and stop you.

“(The teen) said after (the assaults) you would… sit there for a moment. She thought this was to check if the coast was clear and then you would go.”

Zane De Klerk. Photo / Facebook

Judge Northwood said the evidence presented at trial “revealed a noteworthy lack of engagement” with what he was doing to the girl.

“There was nothing said and there was nothing to suggest that the sexual acts were part of a relationship such as a boyfriend and girlfriend,” he said.

“The offending was clinical and detached. You just did what you wanted to (the teen).”

Judge Northwood said it was hard to quantify how many times De Klerk assaulted the teenager.

“People simply do not keep a log or a diary note recording how often these sorts of things occurred,” he said.

“What I am sure of is that these incidents occurred regularly over a matter of months… you offended against (her) in the way she said on regular and frequent occasions after her 16th birthday and up until… later in the year.”

A cultural report was presented to the court in which the author suggested factors that “might have contributed to the offending” including “a strict, unstable, and dysfunctional family underpinned by religion”.

“The general consensus from those spoken to was there was little, if any, parental guidance as to how you should conduct yourself as an adult man,” said Judge Northwood.

“You say you were not parented and not taught right from wrong.”

Judge Northwood struggled to find a causative link between De Klerk’s issues as a younger man and the assaults.

“The way you were brought up has to be acknowledged and recognised. It made life more challenging for you but this did not lead you to be a routine offender,” he said.

“We have many cases where people are treated far worse when they were young.

“I am unable to conclude that whatever dysfunction occurred in your youth has in some way contributed to the uncaring sexual behaviour found proved by the jury.

“I say uncaring because you did not care about consent. The dispassionate way in which the offending occurred was noteworthy.”

Judge Northwood sentenced De Klerk to four years and one month in jail.

De Klerk has started appeal proceedings - against both his convictions and sentence.

A jury found De Klerk guilty on three charges of sex offending and he was jailed for more than four years. Photo / NZ Herald

Erin was relieved sentencing was over and hoped she would not have to deal with any further court hearings.

She wished the matter had been resolved much earlier though, saying the wait had been agonising and stressful.

“It felt very unfair, he was getting an extra two weeks of freedom to get this report done at the last minute,” she said.

“And then I got a random email from the courts, saying it had been put down for May 1. I went back to the police and said ‘hang on, that’s not what we discussed, you said the end of February or beginning of March’.

“I hoped it was a typo, but no it was May 1. It was down to ‘scheduling’, they said.”

Erin was gutted at the thought of De Klerk living at home, spending time with loved ones, probably working and socialising.

She wondered if anyone even knew about his convictions given he had name suppression.

Meanwhile, she was struggling, unable to move forward with her life until the court case was finished.

“The sentencing delay meant I had to juggle a new relationship while waiting for an outcome.

“This added more stress and made me have to find a way to once again navigate a situation I didn’t think I’d find myself in,” she said.

“Delaying sentencing brought back feelings of being silenced and the offender still having control. This was all very traumatising because this was the power dynamic during the abuse.”

She said the delay made her feel “insignificant”.

“While the offender gets all the support, I’m expected to just go with whatever is thrown my way,” she said.

“And all the while, he was protected - nobody knew who he was, he could just continue living his life in a comfortable position.”

She wanted to speak out to encourage other women to come forward and disclose abuse.

She also called on the courts to be more considerate of victims - especially when delaying hearings.

“I want to do anything and everything to help anyone through this process,” she said.

“And for me, the more you talk about sexual abuse, the more people see it - the more people will come forward and share their own stuff.”

Erin spoke out about her experience to help other victims of sexual abuse. Photo / 123rf

Erin said De Klerk’s offending still impacted her.

She turned down a post-graduate study offer because it was in the city he lived and she was too scared she would run into him.

“All my close relationships with my family have been very much affected,” she said.

“There was self-harm, eating disorders. I’m on medication and I’ve had therapy every week for two years.

“And there’s so many little things that this impacts… romantic relationships are tricky.”

She said the lead-up to the trial was “very difficult” and she hated being questioned over and over again about her evidence.

“That was pretty horrific… and then there were 13 charges and he was found guilty of three… when (the jury foreperson) was reading out the verdicts it was ‘not guilty, not guilty, not guilty’ and I thought ‘Gosh, I can’t do this’.

“When they read the last three he was guilty of… it was a massive relief, just because of everything that I had gone through - and not only me; my family and my ex-partner. It finally felt like it was all for something.

“It was quite surreal.”

Erin said despite the delay, she had no regrets going to the police.

“Once I started it, I knew I had to keep going… it was like I had a job to do.

“This has pretty much been my life and my family’s life for the past three years - but absolutely no regrets.

“But what was always driving me - it wasn’t actually about me and my feelings - it was about stopping it from happening to other people.

“And making sure his name was out there once suppression lifted - it is so important that it is out there, that what he has done is known… the community deserve to know.”

Anna Leask is a Christchurch-based reporter who covers national crime and justice. She joined the Herald in 2008 and has worked as a journalist for 18 years with a particular focus on family violence, child abuse, sexual violence, mental health and youth crime. She writes, hosts and produces the award-winning podcast A Moment In Crime, released monthly on nzherald.co.nz