Man who claimed sex with 12yo was consensual will be locked up for 21 years

Tulisi Leiataua, who claimed sex with a 12-year-old was consensual, has been sent to prison. Photo / NZME

WARNING: This story discusses sexual abuse and may be upsetting.

A woman who was raped as a child by a man who claimed the sex was consensual says he is a monster.

"Do you know how hard that was for me?" she asked him as he appeared in court today to be sentenced.

"Do you know how I felt? No, because you are a monster who takes everything, I was just a child," the now 24-year-old said.

Samoan national Tulisi Leiataua was today jailed for 21 years for the rape and sexual violation of two girls who were aged 8 and 12 when the abuse started.

He remained emotionless as his sentence was read out by Judge Richard Earwaker - but had earlier broken down as one of the victim's described the impact his offending had on her.

"Your offending is the most serious of its kind, as they both said very powerfully, you robbed them of their childhood," said the judge.

"Upon release, you expressed your intention to reunite with the victim. This shows just how completely removed from reality you are and your continued denials are concerning."

Judge Earwaker ordered a non-parole period of 10 years and put him on the child sex offender list.

During his trial in July, Leiataua claimed his relationship with the older girl was not only consensual and she initiated it, but that it was like a marriage. He also denied all allegations relating to the second victim.

But the jury chose to believe the victims and found Leiataua guilty of all 33 charges.

A monster

Today, at the Manukau District Court, the victim who was accused of having consensual sex with the man, described him as a monster who stole her childhood and teen life.

"You started off as this kind and caring person but when you thought your fruit was ready, you made your move."

"You made me believe no one else would ever want me, I remember you saying no man would dare come near me because I have been tainted."

"One thing I need to let you know is that I forgive you for everything you put me through.
I don't know what you went through as a child to end up like this, But I forgive him too.

"Not only will this be the last time I see your face but it will be the ending of this chapter and the start of another," she said today via video link.

Leiataua broke down in tears as the impact statement was read to him.

The second victim had her impact statement read by lawyer Gareth Kayes.

"I will never forgive you for sexually assaulting me and treating me like you did, you took my innocence away from me and I was only a bloody child."

"You are someone who has a mind and knows that actions come with consequences but yet you still did this."

"Like what you said, go and tell the police, but we did, now look who's sitting on the other side with handcuffs, you."

I'm innocent and low risk

Defence lawyer Mark Edgar told the court Leiataua maintains his innocence.

"He is aware that is something the court and parole board will be concerned about," Edgar said.

He said Leiataua's chances of reoffending was low and asked for rehabilitation to be considered in the sentence.

Crown prosecutor Gareth Kayes, read the second victims impact statement to the court. Photo / NZME

"I don't accept the Crown's submission that there is a need to protect the community, his likelihood of reoffending is low."

He submitted that a starting point of 18 years would be appropriate and that counselling would benefit Leiataua.

Judge Earwaker acknowledged the courage the victims showed throughout the trial.

"There is absolutely no remorse for your offending and it's clear your offending was pre-meditated," Earwaker said to the defendant.

It was never consensual

At the trial in July, the older woman told the court she was 12 when Leiataua started bribing her with treats, commenting on her body and telling her he planned to marry her when she was older.

Defence lawyer Panama Le'au'anae put it to the woman that she made it up and was actually having a consensual relationship with Leiataua - which she denied.

"This man made me feel like I was a dog ... what he did to me was never consensual," she said.

The second victim, who was abused as an 8-year-old, told the court he would threaten her to make sure she didn't tell anyone.

"If you tell anyone about what I do to you, I will beat you until you die," she said.

In a police interview video taken in 2015, she said she couldn't tell anyone because everyone would think she was lying.

"He would laugh and smile, he would say, 'shame on you, no one believes you'."

Leiataua left New Zealand for Samoa in May 2014. Six months later the sexual abuse complaints were made against him but it wasn't until March 2020 that a Samoan District Court judge accepted an extradition application so Leiataua could face the allegations.

He was brought back to New Zealand soon after and arrested at Auckland Airport.

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.

If you have concerns or suspicions about someone who may be trading in or producing child sexual abuse images or videos, contact Customs confidentially on 0800 WE PROTECT (0800 937 768) or Crimestoppers anonymously on 0800 555 111.

If you are, or know of, someone who is at risk or being abused, contact the police immediately.