SunLive – Uncle convicted of raping niece in Tauranga

Warning: This story contains details of sexual abuse and may be disturbing.

A woman in her twenties woke up to find her uncle, a man she considered “as a father.” violating her in a motel room.

The assault then turned into rape and as she fled into the bathroom, her uncle, who was in his late 50s, shouted after her: “You want this, come on, you teased me, come back in, it will be like this.” fine.”

She shouted at him to get out of bed and only came out when he had retreated to his bedroom.

The man lived in Australia and was back in New Zealand to visit family at the time of the crime late last year.

Today he was convicted on charges of rape, sexual battery and indecent assault in the United States Tauranga District Court.

The court heard he, his daughter and his niece had all been staying at a motel in Mount Maunganui.

The two young women planned to share a fold-out couch in the living room, and the man would sleep in the bedroom.

After checking in, the man’s daughter was picked up by her partner, leaving him and his niece behind.

The uncle and niece went to a few bars on Mount Maunganui and after four cocktails the niece felt unwell so they returned to the motel.

She slept at 10pm but woke up later when her uncle performed oral sex on her. He had taken off her underwear.

The woman turned over and lay on her side and the uncle used his hand to rape her before he then began to rape her.

At that moment she got out of bed and ran to the bathroom.

In her victim impact statement, read out by Attorney General Sunny Teki-Clark, she said that before the offense she trusted her uncle to care for her and keep her safe.

“What he did to me has scarred me for life,” she wrote.

“My days are far from normal now. I panic when I’m around men.”

She said a “sense of shame and worthlessness consumed (her),” and her uncle had taken advantage of her kindness.”

“Every day I ask myself ‘why?’; why me and my sister?”

She said the fact that he said he had no regrets disgusted her, and she didn’t think she would ever be the same again.

Another sexual assault

The man went on to sexually assault his younger niece, the sister of the first victim, just over a month after the motel violation.

He was staying at his brother’s house in a small Bay of Plenty town and according to the summary of facts, the second niece, who was 16, had shared a room with him and her five-year-old nephew.

She and the 5-year-old were in a single bed, and the uncle was in another bed.

During the night, she woke up to find his hand in her unbuttoned jean shorts and touching her genitals.

She turned to get away and hugged her nephew, but her uncle shoved his hands into her shorts and underwear from behind.

A moment later he withdrew his hand and went back to his own bed.

In her victim impact statement, also read by Teki-Clark, she said she felt a sense of “helplessness, shame and fear” the morning after she was sexually assaulted.

“The man I trusted and loved betrayed my trust by inappropriately touching me while he thought I was asleep.”

Since then, she had suffered panic attacks that made it difficult for her to breathe, “horrific nightmares,” and she had even hurt herself because “the thoughts made me feel disgusting.”

She harbored a deep grudge against him, especially because her young nephew had been in the same bed when the crime occurred.

Difficulties in detention

The man pleaded guilty to two charges of sexual offense by unlawful sexual connection, one of rape and three of indecent assault following a sentencing hearing by Judge Bill Lawson.

Judge Lawson said the man should have been someone his nieces could trust and he abused that trust.

However, he noted the man’s willingness to undertake rehabilitation treatments and appropriate programs.

Lawyer Martin Hine asked for a discount due to previous good character, as the man had led an ‘impeccable’ life until this offence.

However, Judge Bill Lawson noted that it was not a case where the man had a completely clear record, as there were some convictions from the 1990s.

However, the judge ruled that a “modest” reduction was appropriate.

Hine also asked the judge to consider aspects of a police report that showed the man suffered from anxiety while in custody, and was even unwilling to leave his cell.

However, the pre-sentence report also made it clear that things would change once the man was convicted and removed from pre-trial detention.

Taking into account the man’s fear, which would make serving the sentence more difficult for him, and his previous good character and prospects for rehabilitation, the judge gave an overall discount of 10%.

He also gave him a 20% discount on his guilty plea, as the man’s acceptance of the charges had resulted in the victims not having to give evidence in a trial setting.

The man was sentenced to five years and seven months in prison.

SEXUAL HARM

Where to get help:

If it is an emergency and you think you or someone else is in danger, call 911.
If you have ever experienced sexual assault or abuse and would like to talk to someone, please reach out Safe to talk confidential, always and 24/7:
• Call 0800 044 334
• Text 4334
• Email [email protected]
• For more information, visit or web chat safetotalk.nz
You can also contact your local police station – click here for a list.

If you have been sexually assaulted, remember that it is not your fault.

Hannah Bartlett is a Tauranga-based Open Justice reporter at NZME. She was previously a court and local government reporter for the Nelson Mail, and before that she was a radio reporter at Newstalk ZB.