John Paul Smith, of Hāwera, South Taranaki, was sentenced in New Plymouth District Court on a raft of sexual offending charges, including rape, relating to an incident in Hāwera in 2022.
John Paul Smith, of Hāwera, South Taranaki, was sentenced in New Plymouth District Court on a raft of sexual offending charges, including rape, relating to an incident in Hāwera in 2022.
WARNING: This story contains details of sexual offending
A drunk man with sex on his mind got what he wanted from a young woman by taking her to an isolated area and persuading her to play a game of truth, dare or command.
John Paul Smith, of Hāwera, south Taranaki, “commanded” her to take part in sex acts and warned her she was not allowed to back out.
Smith defended seven charges: two of rape, two of indecent assault, and three of unlawful sexual connection, arguing all sexual activity with the woman was consensual.
He was found guilty on all charges by Judge Russell Collins.
John Paul Smith was sentenced to nine years imprisonment. Photo / Tara Shaskey
Through her victim impact statement, the woman said she had been a victim of similar offending before, and this incident had exacerbated her trauma.
She battled depression, anxiety, PTSD and her relationships had suffered as a result.
“Most of all, it’s just messed with me mentally and emotionally.”
The woman said the court process had taken a toll and she now just wanted to “feel safe again” and move on with her life.
Crown prosecutor Holly Bullock said Smith’s case featured a high degree of premeditation, given he wanted to have sex with the woman that night and started the game.
She said other aggravating factors included him taking her to a remote location, the harm caused to the victim, who was vulnerable, and the scale of the offending comprising several assaults over one evening.
Bullock submitted a starting point of eight to 10 years in prison was appropriate, and there were no mitigating factors.
Defence lawyer Julian Hannam argued for a start point of nine years and pointed to Smith’s admitted alcoholism and that he was affected by alcohol at the time of the offending.
Hannam submitted it affected Smith’s decision-making and his culpability.
Judge Collins took a starting point of nine years and found intoxication could not be used as a mitigating factor.
Judge Russell Collins found John Paul Smith guilty on all charges. PHOTO / FILE
However, he said the fact he suffered from alcoholism could be a factor, as there was a causative link between the illness and his ability to make good decisions.
Because Smith was prepared to address his addiction, the judge reduced his sentence by one year.
He also credited him for “streamlining” the trial process by accepting much of the facts, leaving the judge only to consider whether there was consent.
Smith was then sentenced to seven years and six months in prison.
Judge Collins said the victim had looked to do an act of kindness for Smith by driving his car for him that night, and he had taken advantage of her.
The woman had not physically resisted from fear of what would happen if she did, and the judge said that was “wise”.
While he found Smith had not set out to rape and sexually assault the woman, he chose to continue the sexual encounter despite her making it clear through her words and actions that she did not consent.
“In doing that, you imposed your will over her will.”
‘I explained the rules to her’
On the evening of the incident, the woman and Smith, who had drunk the majority of an 18-box of Codys bourbon and cola, met at a location in Hāwera to have a cigarette together.
They planned to walk to Smith’s vehicle and the woman would drive, as she was sober.
Once they got into the vehicle, they drove to the town’s cemetery and parked for another cigarette.
Smith then asked if she wanted to play a game, and suggested “truth, dare or command”, to which she agreed.
The woman understood that “you do whatever they want you to do” and “there’s no backing out”.
In the first round of the game, she chose truth, and Smith asked her if she agreed that “whatever happens in the car, stays in the car”.
She agreed, not really understanding the game.
Smith then chose truth, and the woman asked him if she was safe, to which he assured her she was.
John Paul Smith was sentenced in New Plymouth District Court.
After a couple of rounds, which saw the woman take off her jacket and hoodie and Smith perform a “funny” dance, the pair drove to a nearby house so the woman could use the toilet.
Smith said he could not recall the woman crying during the sexual activity but said she was shaking and crying after.
He acknowledged later apologising to the woman and said it was because she was upset, but he was unsure why.
When asked at trial to explain the game the pair played, Smith said: “You can’t back out of a command”.
“I explained the rules to her, and she agreed to the rules.”
Judge Collins accepted the woman’s evidence for several reasons and said her narrative was “real memories from real events”.
She was also vulnerable with a history of trauma, questioned if she was safe with Smith, and was incapable of constructing the narrative she reported, Judge Collins ruled.
Where to get 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 Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email support@safetotalk.nz
• For more info or to web chat visit safetotalk.nz
Alternatively, contact your local police station - click here for a list. If you have been sexually assaulted, remember it's not your fault.
