A drunk man with sex in his mind got what he wanted from a young woman, taking -a isolated and convincing -a -playing a real game, daring or commanding.
John Paul Smith of Hāwera, southern Taranaki, “ordered” to participate in sexual acts and warned that she was not allowed to give up.
The 20 -year -old woman was shaking and crying after being assaulted and sexually raped during the game by Smith, who was in her 30s.
The incident of March 11, 2022 was the focus of a judge judge in New Plymouth District Court in March.
Smith defended seven accusations: two rape, two of indecent aggression and three of illegal sexual connection, arguing that all sexual activity with women was consensual.
He was considered guilty by all accusations of Judge Russell Collins.
Today, Smith returned to court for sentence.
Through her victim’s statement of impact, the woman said she had been the victim of similar offenses before, and this incident had exacerbated her trauma.
She fought against depression, anxiety, the PTSD and her relationships suffered as a result.
“Above all, it’s moved with me mental and emotionally.”
The woman said the lawsuit affected and now just wanted to “feel safe” and move on with her life.
Crown promoter Holly Bullock said Smith’s case had a high degree of premeditation as he wanted to have sex with his wife that night and started the game.
She said other aggravating factors included him taking a remote place, the damage caused to the vulnerable victim, and the scale of offenses, comprising several attacks over a night.
Bullock sent a starting point of eight to 10 years in prison was appropriate and there were no attenuating factors.
Defense lawyer Julian Hannam defended a nine -year starting point and pointed to Smith’s alcoholism and that he was impacted by alcohol at the time of the offense.
Hannam presented that he affected Smith’s decision making and his culpability.
Judge Collins took a starting point of nine years and found that intoxication could not be used as an attenuating factor.
However, he said that suffering alcoholism could be a factor, as there was a causing connection between the disease and its ability to make good decisions.
As Smith was prepared to approach his addiction, the judge reduced his sentence by one year.
He also credited him for “simplifying” the judgment process, accepting many of the facts, leaving the judge only to consider if there was consent.
Smith was then sentenced to seven years and six months in prison.
Judge Collins said the victim sought to make an act of kindness for Smith driving his car to him that night, and he took advantage of it.
She quickly realized she was “out of her depth.”
The woman had not physically resisted the fear of what would happen if she happened, and the judge said that was “wise.”
While he found that Smith did not propose to rape and sexually assault the woman, he chose to continue the sexual encounter, despite clarifying his words and actions she did not consent.
“In doing so, you imposed your will on her will.”
‘I explained the rules for her’
On the night of the incident, the woman and Smith, who had drunk most of a box of 18 boxes of Bourbon and Cola, met in a place in Hāwera to make a cigarette together.
They planned to walk to Smith’s vehicle and the woman drove, as she was sober.
Once they entered the vehicle, they drove to the city cemetery and parked for another cigarette.
Smith then asked if she wanted to play a game and suggested “Truth, dare or command,” with which she agreed.
The woman understood that “you do what they want you to do” and “there is no support.”
In the first round of the game, she chose the truth, and Smith asked if she agreed that “whatever happens in the car is in the car.”
She agreed, not really understanding the game.
Smith then chose the truth, and the woman asked if she was safe, to which he assured her.
After a few rounds, who saw the woman take off the jacket, the hood and Smith made a “funny” dance, they drove to a nearby house so that the woman could wear the bathroom.
They then went to another trip, with Smith taking it to the “secondary roads” of the city and parking the car.
The game then resumed, and Smith “ordered” the woman to perform a sexual act.
She broke and cried because she didn’t want to do so, but believed she couldn’t say “no” because it was a command.
Smith asked if she was fine and although she shook her head, the sexual attack continued and culminated in rape.
The woman said she didn’t know where they were parked and it was too dark to run.
She said Smith later apologized because she felt she could have injured her.
“What he did,” she said at the trial.
“I went home after that and I just cried to sleep.”
She said she didn’t want any sexual activity to occur and repeatedly said to Smith to stop.
“He said nothing, but it didn’t stop either.”
Smith proved the trial during which she denied that the woman tell him to stop at any time and said she believed everything was consensual.
He claimed that he had asked the woman if he could have sex with her before proceeding, and she had agreed.
Smith said she couldn’t remember the woman crying during sexual activity, but said she was shaking and crying later.
He later acknowledged to apologize to the woman and said it was because she was upset, but he wasn’t sure why.
When requested at the trial to explain the game the pair played, Smith said, “You can’t leave a command.”
“I explained the rules to her and she agreed with the rules.”
Judge Collins accepted women’s evidence for various reasons and said that his narrative was “real memories of real events.”
She was also vulnerable to a trauma story, asked if she was safe with Smith and was unable to build the narrative she reported, judge Collins decided.
Sexual damage
Where to get help:
If it is an emergency and you feel that you or someone else is at risk, call 111.
If you have experienced aggression or sexual abuse and need to talk to someone, contact insurance to talk confidentially, at any time 24 hours a day, 7 days a week:
• Call 0800 044 334
• Text 4334
• Send an email support@safetotalk.nz
• For more information or for chat on the web, visit safetotalk.nz
Alternatively, contact the Local Police Station – Click here to a list.
If you have been sexually assaulted, remember that it is not your fault.
– Tara Shaskey
