A Tokoroa man has been jailed for 15 years for raping a woman after breaking into her home.
The sentence Justice Tony Randerson imposed yesterday on 30-year-old Dimingo Robert Charles Thompson in the High Court at Auckland demonstrates the teeth in the new home invasion legislation.
The maximum sentence for rape when home invasion is involved is 25 years.
Justice Randerson said the Court of Appeal had made it clear that, while the starting point for rape was eight years, that increased to 11 years where there was home invasion.
The judge said that aggravating features in Thompson's case required a longer sentence than that.
Thompson was convicted in the High Court at Hamilton of raping a 30-year-old Meremere woman in her home, unlawfully detaining her and another occupant of the house, and burglary.
An accomplice, 30-year-old Shane Thomas Hoko, of Meremere, who was convicted on the unlawful detaining counts and the burglary of the rape victim's home, was jailed for four years.
Thompson, Hoko and a third man went to the woman's house early on October 21 last year.
They pushed open the back door, which was not locked.
Thompson went straight to the woman's bedroom and started raping her.
The woman was too frightened to protest or say anything during the rape, which she said was rough and violent. But she later criticised Thompson's sexual performance as "inadequate."
She made the remark out of a feeling of powerlessness.
Thompson was outraged and a row broke out.
Thompson and Hoko prevented the woman and the other occupant from leaving the house.
Justice Randerson said that Thompson claimed that the rape victim had made sexual overtures in the preceding days and that the sex was consensual, but the jury rejected that claim.
The woman said she felt degraded and helpless and was terrified by the verbal abuse and the knowledge that Thompson, like Hoko, had Black Power connections.
Both victims had now left Meremere.
Justice Randerson said the aggravating features included the surreptitious entry into the house, the immediate rape of a woman who had been asleep, Hoko's presence, the sustained verbal threats and the detention of the two victims which lasted at least an hour, their terror, Thompson's previous convictions for burglary and assault, and his continued denial of the offending.
One of the few mitigating features was that there was no violence other than pushing and the violence inherent in rape.
Thompson was sentenced to 15 years' jail for the rape, five years for detaining the victims and 18 months for burglary, all terms to be concurrent.
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