Three refugees from a “war-torn country” could walk free in just three years after being jailed for gang-raping a German backpacker in a van in Auckland.
The three remorseless men, who have had their names protected by New Zealand court system since they were charged and can only be known as B, O, and S, were found guilty by a High Court jury in March over the attack on the 19-year-old tourist on New Year’s Day last year.
They faced court again on Friday where Justice Mathew Downs sentenced B and O to 10 years and five months’ jail, while S, who was convicted of two fewer charges, was given eight years and 10 months, Stuff reported.
Prosecutors asked for a non-parole period of at least 50%, but Justice Downs said the ages of the men – who were 19 and 20 when they carried out the gang rape – would make a longer sentence “crushing”, meaning they will be eligible for release after serving just one third of their sentences, the NZ Herald reported.
Justice Downs also rejected a defence request for permanent name suppression, but lawyers for the three men immediately indicated they would file an appeal, resulting in media still being unable to name them or reveal their country of origin.
The men’s trial heard the backpacker was heavily intoxicated when she met B on the dancefloor of the Family Bar on Karangahape Road, and at 2.40am he bundled her into a borrowed van with O and S.
The trio drove their victim to the empty carpark of an aluminium business in an industrial estate in Avondale and took turns raping her, encouraged each other, and took photos as she drifted in and out of consciousness, while a CCTV camera they were unaware of captured the entire attack.
At 4.21am she was pushed out of the van 35 metres from her backpacker accommodation without her underwear, and a sexual assault physician said a proper medical examination was not possible due to the victim’s “grossly swollen” genitalia, which was the worst case she had ever seen.
The rapists all denied the charges, with B claiming he only engaged in consensual non-penetrative sexual activity, O admitting to intercourse but claiming the victim propositioned him, and S claiming he was asleep in the backseat throughout the attack.
Justice Downs noted in sentencing that the trio had a worrying lack of insight into the harm they had caused, and told O: “I am far from persuaded of any remorse on your part. Your trial testimony was a series of arrogant lies and embellishments.”
But he gave all three 20% sentence reductions for their youth, rehabilitation prospects and previous good character.
In a harrowing victim impact statement that took an hour to read, the devastated victim said after the rape “I wanted to tear my own skin off”, and “the entire court process was the worst thing I have ever had to endure”.
“During the trial, I thought I was going to die. I felt as if I were standing naked in front of millions of people who did not believe me, judged me, saw me as a slut, and would eventually beat me … I felt disgusting,” she said.
She also said she wanted the names of her attackers to be made public to protect the community, but was forced to listen to their defence lawyers argue doing so would ruin their lives.
“Even though I have suffered so much, I am put in a position where I am expected to feel sympathy for my rapists. And I do not want to feel sympathy. That feeling destroys me. It tears me apart,” she said.
“I hope that one day they will truly regret what they have done to me and my life – not because they are punished for it, but because they are genuinely sorry.”
Header image: Two of the gang rapists in court (Stuff).
