KEY POINTS:
A man has been jailed after raping a 12-year-old girl who pretended to be a prostitute in order to steal his money.
Atonio Simone, 45, was sentenced in the Manukau District Court to 10 years' jail after a jury found him guilty of abduction, sexual violation and rape.
The "horrifying facts" of the case prompted Judge Roy Wade to release his sentencing notes to the Herald so the public could see what "life is like here in the fast lane in South Auckland".
He said it was sad the case could be considered so mundane it would go unreported when it would have generated headlines throughout the country just a few years ago.
"Such is the life on the streets of South Auckland," he said during the sentencing.
The 12-year-old and her friend were pretending to be prostitutes on an Otahuhu street seven years ago when Simone picked them up.
Their intention was to run off with his money after they agreed to have sex with him. They got into his car, settled on the price, but then changed their minds and decided to escape once the car stopped.
The friend managed to get out but the 12-year-old didn't and was driven to a secluded place in Mangere.
The girl repeatedly told Simone her age but he got into the back seat, undressed and demanded she perform oral sex on him. He then held her down and raped her, inflicting bruises all over her body.
Sentencing Simone, Judge Wade said he found it "profoundly sad but entirely predictable" that the victim, now aged 19, gave evidence from jail, where she was serving time for aggravated robbery. Her friend had been jailed too, for manslaughter.
The complainant told the jury the attack left her angry and full of shame. She never returned to school and turned to a life of crime.
Judge Wade said there were significant aggravating factors.
"First of all there is the vulnerability of the victim. You at the time were 36 years of age, she was but 12. In addition to that age difference, she was much smaller and slighter than you.
"It is plain ... that you knew full well she was but 12 years of age and you raped her nonetheless, despite knowing her age and despite the fact she was crying throughout the ordeal.
"What I do find of concern is that you appear to show little remorse for your victim and you told the probation officer who prepared the report: 'It was the girl who stopped my car on the road and that was the start. She's a prostitute anyway. She jumped inside the car voluntarily so I paid the money to her and she knows that's her business.'
"As I say, the chilling factor about your offending is first of all that you deliberately raped a girl knowing full well she was 12 years of age.
"I am also alarmed at the evidence we heard from your former girlfriend that you once raped her in very similar fashion."
Judge Wade said he was satisfied the community needed protection from Simone for a substantial time so he directed he must serve at least six years of his sentence.
