The 'severe' beating dished out to a man caught raping a woman in a Whangarei park should be taken into account when considering his jail term, a district court judge was urged yesterday .
Clint Nepia, 23, of Whangarei was jailed for seven years by Judge Pat Treston in the Whangarei District Court yesterday, having pleaded guilty to one charge of sexual violation by rape of a 19-year-old woman in Dent St about 3am on July 8 last year.
Nepia had cycled to town with friends after a drinking session and grabbed the victim's breast in passing.
He then followed her down Dent St, telling companions he wanted to apologise to her. Instead, he raped her, the court heard.
Nepia's counsel Wayne McKean said the encounter lasted only seconds before Nepia was set upon by a male friend of the victim.
"It was a severe beating and a sustained beating. Some people might say that this is a just result for Mr Nepia," he said.
Police never laid charges over the assault on Nepia.
"The police are saying in effect, I think, 'That's your punishment for raping that girl'."
The beating, which left Nepia with a swollen and bruised eye, should be taken into account when the court considered further punishment, Mr McKean said.
Crown prosecutor Kim Thomas urged a starting point of eight years jail. The charge carries a maximum of 20 years.
Mr Thomas said the rape was aggravated by the threat of further violence on the victim if she did not co-operate.
Judge Treston said the impact on the victim was a serious aggravating feature. She had quit a job she loved, been haunted by flashbacks, and left the country for some months until Nepia pleaded guilty.
He noted the attack had been and unprovoked and a "testosterone-derived impulse".
He said the beating Nepia suffered was not necessarily a mitigating factor.
"Whether that is part of the punishment is a matter for conjecture. Whether the police choose to take the action against the person who inflicted the injury is a matter for them."
Nepia had written a letter apologising to the victim and her family and the judge acknowledged his remorse.
- NORTHERN ADVOCATE
Rapist jailed for seven years, despite beating
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