A Brazilian national who raped his Tinder date while living in Christchurch has had his latest bid for parole rejected and must stay behind bars until October next year.
He may be reconsidered for an early release from prison if he can find a suitable parole address or his deportation can go ahead.
But any address would have to be in an area where his victim does not live, work or have family.
Brazilian national Fernando Do Nascimento Barbosa was jailed in December for three years and four months for raping his Tinder date in Christchurch in 2018.
He claimed he did not realise her repeated cries of "no" and trying to fight him off during the assault were a signal for him to stop.
When Barbosa was sentenced, a deportation order was made, meaning he had to leave the country as soon as possible when released from prison - either on parole or after serving his entire sentence, late next year.
The Parole Board - after turning him down multiple times - agreed to release him from prison in July on the basis that he would leave New Zealand voluntarily on a flight to Brazil the same day.
However there was a "miscommunication" and the airline his family had paid for flights with would not allow him to travel without an escort.
Because of Covid-19 travel restrictions, police are not able to escort criminals subject to deportation orders.
When the board were told Barbosa could not fly his parole was revoked.
He was told that if he could find a suitable parole address they would reconsider his release.
That address had to be outside any area where the victim - who is terrified of running into him - frequented.
Those areas included the wider Canterbury, Waikato and Wellington-Wairarapa areas.
He also had to show the board he would have financial support as, given his deportation order, it was unlikely he would find work or get any government financial assistance.
At a hearing held by telephone because of the national level 4 lockdown the board told Barbosa his latest bid for parole was rejected.
Parole Board panel convenor Martha Coleman confirmed Barbosa had been trying to find an address, without success.
She acknowledged there had been multiple parole hearings in the past few months as Barbosa and his family tried to secure his departure from the country.
"Given the uncertainty of when either a suitable New Zealand release may become available or when alternative flights home may be secured, there seems little point giving him a further short stand down at this stage," Coleman said.
"Instead it was agreed at the hearing today that his next appearance before the
board would be set to occur in October 2022.
"This is on the understanding that he can apply for an earlier hearing under s 26 of the Parole Act 2002 if he is in a position to either propose an address in New Zealand with support that meets victim concerns, or he is able to leave New Zealand voluntarily and without an escort.
"It may be that the Brazilian Embassy can assist in identifying other travel options."
Barbosa's full sentence ends in December next year.
He has previously blamed the victim for his situation but was reminded at his last hearing who was to blame.
"The only person who is responsible for his predicament is himself," the board told him.
"He needs to be aware that his attitude may in turn cause a future board to rethink his readiness for parole."
The victim has told the board repeatedly she fears what will happen if Barbosa is released.
She was extremely worried about seeing him and was concerned that, given he continues to justify the attack on her, others may be at risk.
At sentencing the court heard Barbosa lacked remorse and even after he pleaded guilty, he tried to minimise the rape saying "he did not understand New Zealand culture and misread the signals".
Further, he said, in Brazil "her behaviour would mean something different".
SEXUAL HARM - DO YOU NEED HELP?
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone contact the Safe to Talk confidential crisis helpline on:
• Text 4334 and they will respond
• Email email@example.com
• Visit https://safetotalk.nz/contact-us/ for an online chat
Alternatively contact your local police station - click here for a list.
If you have been abused, remember it's not your fault.