A woman who says she was twice raped by a fellow student was left hiding in her accommodation and ended up leaving the university after the man was allowed to continue studying. Photo / 123RF
A woman who says she was twice raped by a fellow student was left hiding in her accommodation and ended up leaving the university after the man was allowed to continue studying. Photo / 123RF
*Content warning: This article discusses sexual assault and may be upsetting.
A student who a university proctor agreed had twice raped and physically assaulted another student was given a written reprimand and allowed to keep studying.
The victim complained to the University of Auckland about the two sexual assaults, as well as several other attacks including her rapist covering her face with a pillow so she couldn't breathe when she confronted him.
The university proctor accepted it happened, reprimanded the man and told him not to contact the woman. But eight months after her complaint he is still studying at the university.
However, the woman had to quit her studies and return to her home country after becoming severely depressed.
Only last week did the university tell the woman via letter the man would have to face a disciplinary committee over his actions - one day after the Herald on Sunday started asking questions.
In that letter the university admitted to a failure in its disciplinary procedures, saying the proctor did not have the power to resolve such a serious case and it should have been referred to the university's discipline committee.
In the letter, the university said the proctor had accepted that last year the man, who was staying in the same university hall of residence as the woman, had sex with her while she was too intoxicated to consent.
The woman told the Herald on Sunday that at the time, the pair were part of the same friend group and she gave him the benefit of the doubt. "I didn't know him that well, and I didn't want to believe that he would do anything bad."
Later that year, the pair briefly dated. During that time, the woman says he again had sex with her without consent.
The letter said the proctor upheld the allegation that the man "engaged in sexual intercourse with [the victim] without consent as she told him to stop and pushed him off of her, but he resumed the act".
It added that when the victim later "tried to confront [the student] ... he held a pillow over her face so she couldn't breathe".
The proctor also accepted the man had touched her without consent while she was trying to sleep, and on another occasion that, when he was drunk, he had "pinned her to his bed and wouldn't let her leave".
The Herald on Sunday contacted the man but he declined to comment.
The woman laid a complaint with the university but says the man remained at her hall of residence for a number of weeks before he was asked to leave.
Meanwhile, she was too scared to leave her room in case she bumped into him. Traumatised and severely depressed, unable to continue her second-semester studies, she sought help from the proctor's office and Campus Care.
She says it was recommended she move home to her family's country so they could help her deal with the trauma. But she felt the university would not make an exception for her to continue her studies in a way that would allow her to pursue a career in medicine.
But a university spokeswoman told the Herald on Sunday, "The university does not believe it recommended that she return home but we were certainly understanding of her decision to return to a place that felt safe and supported. Unfortunately, the papers she was enrolled in could not be completed off-shore. She was advised on ways she could pathway into medicine at a later date."
Heartbroken, the woman left New Zealand.
In October she received a letter saying the university accepted that "on the balance of probabilities" the man had breached the student code. He would be given a written reprimand and told not to contact her.
It was also suggested he attend a course on "creating cultures of consent and respect".
The University of Auckland revoked its proctor's decision to issue the student with a written warning over the allegations. Photo / NZME
That letter "devastated" her, the woman said. "While I was at home receiving therapy ... he was able to finish the school year and go about his life as if nothing had ever happened."
And the man continued to contact the woman after she left the country, in breach of the non-contact agreement. The Herald on Sunday has heard a recording of a phone call in which the man admitted that he raped her.
"But you admit that you did rape me," she says in the recording.
"It's kinda - it's technically rape, yes," he says.
Police defines rape as sexual intercourse without consent - noting that a person cannot agree to sex if they are too drunk to consent or refuse.
The woman says she immediately sent the recording to the proctor's office, which said it would pass on the matter to the discipline committee, which has the power to unenrol students.
"This seemed like a good thing, as I thought this would finally mean he would have some consequences for his actions and I would be able to get some justice for myself," she said.
Four months later, she says she was given a hearing date - but was told the committee would only look at the fact the man had broken the no-contact rule. It would not reopen the rape investigation as that matter was already "resolved".
Frustrated, feeling hopeless, she contacted the Herald on Sunday.
"The whole reason I went through this process was so that there would be consequences for his actions so that this will never happen to another girl again," she said.
The Herald on Sunday put questions to the university last week. The next day, the university wrote to the woman to say the proctor's original decision was incorrect and the disciplinary committee would reopen the case.
University rules required the discipline committee to hear cases of a serious nature, or which could lead to a student's enrolment being cancelled.
"Your complaint against [the man] met this threshold. The proctor does not have the power under the statute to resolve such cases by written reprimand, which she purported to do."
The university registrar had set aside the proctor's decision and a disciplinary hearing would be held "as soon as reasonably practicable".
A spokeswoman told the Herald on Sunday: "The university has acknowledged that this process was not correctly handled and has apologised to the student for this. We cannot comment further while the disciplinary process is under way."
The disciplinary hearing is set for Wednesday. The woman is also considering making a complaint with police against the man.
Sexual harm - 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.
