Sarah, right, has been supported by her mother, left, throughout her journey of navigating life after rape. Photo / Tara Shaskey
Sarah, right, has been supported by her mother, left, throughout her journey of navigating life after rape. Photo / Tara Shaskey
Warning: This article discusses suicide and mental health problems and could be distressing for some people.
Nearly 80,000 people were sexually abused in New Zealand during the past year. But, that number is far from an accurate reflection of the extent of the offending as the vast majority of victims never come forward. For those who do report the abuse, the process of giving evidence - where victims are often blamed or called liars - is especially tough and conviction rates are low. While a guilty verdict brings justice for some survivors, others say the sentences are nothing compared to what they have to live with for the rest of their lives. In a three-part series Open Justice talks to survivors who have been through the court process about whether there really is justice for people who are sexually abused.
Sarah's* life has barely begun and she already wants it to end.
She is a ghost of her former self, haunted by a violent rape that stripped her self-worth and left her crippled by shame, fear and depression.
While the 16-year-old should be enjoying her teen years, she has instead left school and now locks herself away, writing nasty things about herself and self-harming.
The Taranaki teen's pain extends to her family who have heard her cries, watched her bow her head in the street, and found her dying body only just in time.
"I've tried to end my life several times because of the PTSD that I face daily. I can't sleep without having to take Quetiapine [an antipsychotic] because of the nightmares," Sarah shares.
"Sometimes I have a hard time showering, because of the flashbacks."
None of the trauma Sarah has experienced is her fault yet she bears the burden of her offender's actions.
There is no justice for survivors of rape, she believes.
Protests were held last week in response to the sentence of convicted rapist, Jayden Meyer. Photo / Andrew Warner
This sentiment echoed across the country last month as hundreds swarmed the streets in protest at the outcome in the unrelated case of teen rapist Jayden Meyer.
Meyer was sentenced to nine months of home detention for raping four teenage girls and sexually abusing a fifth. That sentence is now being appealed by the Crown.
Sarah's rapist, a recidivist sexual offender, received a community-based rehabilitation sentence of 18 months' intensive supervision - that was imposed for two lots of sexual offending against her, and one against another person.
She wanted him to go to jail.
As the offender now nears the end of his sentence, Sarah fears a lifetime of emotional and mental health issues await her.
"It's not fair at all. While he's out living his life, I'm living with a life sentence of pain, anger, self-doubt and depression."
Becoming a statistic
Sarah was only 13 when she was raped by the then 17-year-old, who was known to her.
She recalls him approaching her from behind as she walked through a Taranaki park, whacking her over the head and then violating her.
This followed a sexual assault she endured at the hands of the same offender years prior.
Sadly, Sarah's experience makes her a statistic.
Sarah's offender was sentenced in New Plymouth District Court. Photo / Tara Shaskey
According to HELP, a support service for those affected by sexual abuse, one of three girls may be sexually abused before they turn 16, and approximately one in five New Zealand women experience a serious sexual assault.
Another commonality in her case is what she believes is the lack of justice for survivors.
Ministry of Justice figures from 2020/2021 show that only 32 percent of people charged with rape were convicted. This was the lowest proportion convicted since 2015/2016.
Looking at all sexual offence charges, of which there were 5915 in 2020/2021, only 43 percent were convicted.
And to be considered alongside those dim conviction rates is the staggering 92 percent of sexual assaults that go unreported, according to a 2022 survey commissioned by the Ministry of Justice.
The injustice of justice
For the rape, Sarah's offender, who cannot be named, admitted a reduced charge of sexual conduct with a young person under 16, which has a maximum penalty of 10 years' imprisonment. The original charge carried a maximum penalty of 20 years.
A charge can be reduced for a number of reasons, including for an agreed guilty plea so the victim avoids having to go trial, and is done following consultation with the victim.
He also admitted two charges of unlawful sexual connection, which carries a maximum sentence of 20 years, for the earlier assault of Sarah and of the other person.
At his sentencing in New Plymouth District Court last year, the offender, now 19, was given discounts for guilty pleas, youth, personal circumstances and a significant period of time he spent remanded in custody was also factored in, bringing the end sentence down to the 18-month term of intensive supervision.
She says the outcome, coupled with her belief that the police, Crown and Department of Corrections failed her, has left her without justice and revictimised.
'What about the victims?'
Jessica*, Sarah's mum, is angry. She says the court's approach was too lenient and it is a system set up to favour offenders.
"All they were worried about was rehabilitating him. What about the victims? Where's the support for them? All we're left with is pain and bills," she says.
Figure show one of three girls may be sexually abused before they turn 16. Photo / Stock Image 123rf
While Sarah has access to free support services, which she uses and says is helping, her family has had to meet other related costs such as the ambulance bills when paramedics have been called following her suicide attempts.
The teen offender has wreaked havoc on the family, and not only in relation to Sarah.
Years prior to the rape, Jessica had gone to the police to report the offender had sexually assaulted her youngest daughter, Kate*.
Jessica says police did not pursue a prosecution in respect to Kate's assault at the time due to the offender's then pre-teen age.
It wasn't until Sarah later reported the rape, and at the same time revealed the earlier assault on her, that a prosecution of the offender began.
Court documents sighted by Open Justice show he was dealt with in the Youth Court for sexual offending against a number of people, including Kate.
For that, he received six months in a youth residence before going on to be dealt with in the district court in relation to Sarah and the other person.
Jessica's furious there was no intervention by agencies when she reported Kate's assault earlier. If there was, perhaps Sarah would never have been raped, she says.
But that's not the only reason the family feels let down.
Sarah feels her views weren't entirely observed when it came to the rape charge being reduced, and more recently the offender has attempted to contact Kate, breaching his current sentence by contacting a person under the age of 16.
Sensible Sentencing Trust's Darroch Ball believes the justice system has become too offender-centric. Photo / Mark Mitchell
Despite her attempts to find out, Jessica says Corrections will not tell the family if he was prosecuted for the breach or when his sentence is due to expire. This is because victims are not notified of such information if the offender receives a community-based sentence, she was told.
"It just feels like we keep getting dicked around. I want some accountability and some protection."
An offender-centric system
Sensible Sentencing Trust's Darroch Ball said the sentence in Sarah's case was unacceptable but not unusual.
"This is the result of how offender-centric the nature of the system has become."
He said reductions made to offenders' sentences, for factors such as youth and personal circumstances, do not make the community safer nor provide accountability for the offender or justice for the victim.
"What has our system turned into? Who is it supposed to be serving? Because it clearly is not serving the victims or the community."
Ball believes a "drastic change" needs to take place to ensure victims are central to the functioning of the entire system.
"Our laws are meant to be in place to provide courts with the mechanisms to provide justice and accountability - not act as a chance to water down existing sentences in legislation that only serves to make life easier for convicted criminals."
'Jail is not the answer'
But Chester Borrows, former courts and associate justice minister who later led an advisory group tasked with helping reform the criminal justice system, says it is not an offender-centric system.
He points out that under the purposes of sentencing, the court must impose the least restrictive outcome that is appropriate in the circumstances and to assist in the meaningful rehabilitation of the offender.
Chester Borrows, former courts and associate justice minister, believes jail is not the answer. Photo / Supplied
"Probably the best way to do that is through intensive supervision where counselling and education can actually be imposed on that person," he says.
While rehabilitative programmes are available in prison, they are "blunt" and a "one size fits all", Borrows says.
Further, sex offenders are often "lumped together" while inside.
"Is that good? Especially for a young person who is impressionable,' he asks.
"The only thing that longer sentences do is ensures that that person can't offend against the public while they're in prison. But how do we ensure the offender doesn't do it again when they get out?
"Better to be far more creative with your sentencing."
While people often want to see the harshest penalty doled out, Borrows says they don't realise maximum penalties are reserved for the most serious and repeat offending.
People also don't seek to understand the background to the offending or what needs to be done to bring down recidivism rates, he says.
"What a victim might think is a good sentence is skewed. They're too close to it to give a really independent or objective view."
The journey to healing
Rape survivor and sexual violence advocate Louise Nicholas says taking a case to court can provide survivors with more than just justice.
She says the process can be "absolutely helpful" to their healing journey, regardless of the outcome.
Sexual violence advocate Louise Nicholas says taking a rapist to court can provide a survivor with more than just justice. Photo / Mark Mitchell
"For the majority, to be able to get to court and tell their story is a step forward in the journey to heal," she says.
But it's not that the court disbelieves what has happened to a survivor, or wants to invalidate their experience by handing down a "lenient" sentence, she says.
"It just comes down to that 'beyond reasonable doubt'. That evidential threshold is so high in our criminal justice system that if there's an inch of doubt then you cannot convict."
And on our sentencing laws, Nicholas says we just have to work with what we have.
"Changing laws to lock people up and throw away the key isn't the answer; rehabilitation is important for offenders."
Though, she understands why some survivors yearn for an outcome of jail.
The road to closure is a windy one, Nicholas says.
"There'll be many ups and downs, and that's OK - it's OK to be emotional, it's OK to remember and it's OK to scream, shout, swear or whatever."
While Sarah will never forget what has happened to her, Nicholas believes that with the right help and support she will begin to move forward.
And the "bravery and courage" she has shown in taking her ordeal to court will have helped that process, Nicholas believes.
"She's done everything she can to bring justice. I really hope she understands that she has held him to account."
*Names have been changed to protect the victims.
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 are struggling with mental health or feel like your life is at risk help is available: • Safe to Talk confidentially, any time 24/7. Call 0800 044 334, Text 4334, For more info or to web chat visit safetotalk.nz • Lifeline: 0800 543 354 (available 24/7) • Suicide Crisis Helpline: 0508 828 865 (0508 TAUTOKO (available 24/7) • Youth services: (06) 3555 906 • Youthline: 0800 376 633 • What's Up: 0800 942 8787 (11am to11pm) • Rainbow Youth: (09) 376 4155
