Whangārei man jailed for six years for sexual offending on sister

When the girl reached high school, she realised what her brother was doing to her was wrong. Photo / 123rf

WARNING: This article discusses sexual abuse and may be upsetting to some readers.

A girl who suffered years of sexual abuse by her brother has asked a court to recognise the positive aspects of her brother’s character.

The man, whose name is suppressed to protect his victim’s identity, appeared for sentencing in the District Court at Whangārei earlier this month on two charges of indecently assaulting a female and one charge of unlawful sexual connection of an under 12-year-old.

The court heard the man began sexually violating his sister, six years his junior, in his early teens and her earliest memories were waking to find her brother kissing her and touching her hips.

Over the years the offending progressed and escalated to sexual assault after their father died.

It was not until the girl reached high school that she realised this behaviour was abnormal and reported the offending.

The man originally pleaded not guilty and when his jury trial kicked off earlier this year, he changed his plea after the Crown opened their case.

Prosecutor Pablo Hambler argued the degree of premeditation was high, along with the pressure on the girl to keep secrets. Hambler also highlighted the complex dynamics of the whānau relationships who still supported both the victim and the offender.

“She wishes to convey this to the court, it’s not a case where the family has tried to remove him from their life. He adopted the role of a father figure fairly early on and she said everybody thinks he is a bad person but she sees both sides to him,” Hambler said.

“There are still family bonds and some appreciation for the good side of [name removed].”

Defence lawyer Arthur Fairley said his client had been exposed to “Ōtangarei culture” when he went to live with his father in the Whangārei suburb.

“He was exposed to what can only be labelled as “Ōtangarei culture” drugs, violence, gangs and all the rest,” Fairley said.

The man also told report writers he allegedly had been sexually abused by his father and subjected to watching pornography while smoking methamphetamine while in his father’s care.

Judge John McDonald acknowledged the conflicted feelings the victim now had and said it was all too common in cases like this.

“She didn’t know it was wrong, an older brother should look after a younger sister, not make her a sexual plaything.

“This is often the way when sexual offending occurs within the family one part of the victim hates what’s done to them, the other part still loves them.”

He was sentenced to eight and a half years in prison.

Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.