Unbeknown to the jury, Fairgray had previously been convicted of 10 charges for assaults against six teenage girls, including rape and sexual conduct with a person under 16.
He had interim name suppression in relation to those convictions when he offended against the 13-year-old.
Fairgray arrived at today’s sentencing in the Auckland District Court wearing a white T-shirt with a light-coloured, short-sleeved shirt on top.
Sentencing judge Evangelos Thomas said the victim would be dealing with the effects of Luca Fairgray’s offending for the rest of her life. Photo / Dean Purcell
Prosecutor Robin McCoubrey said the aggravating features of Fairgray’s crimes were, in particular, the length of time of his offending and the vulnerability of the victim.
The judge said the victim would be dealing with the effects of Fairgray’s offending “probably, in one way or another, for most of her adult life”.
He told the court while the age gap between the pair may have been less than in comparable cases, there were other elements of Fairgray’s offending that were more serious.
For example, he said Fairgray supplied cannabis to the girl and she became pregnant and had to have a surgical abortion. The now-15-year-old also had to have further surgery due to complications.
For each sexual connection charge, Judge Thomas sentenced Fairgray to 4.5 years in prison and three months for a separate cannabis supply charge, to be served concurrently.
“Given the sentence I will impose, you will be automatically registered on the child sex offender register.”
Accused met girl on video chat website
During the trial, it was not disputed the pair had sex or that she had been 13, but the defence argued unsuccessfully that the complainant had said she was 16, and Fairgray believed her.
The defendant and the girl met on a video chat website in June 2023 before moving to Snapchat.
She alleged she told Fairgray, who was 20 at the time, she was 13 during a video call before meeting in person.
The pair dated for months and had sex on multiple occasions, both parties accepted.
The complainant became pregnant and an abortion clinic recorded a person called “Luke” made the girl an appointment and gave Fairgray’s number.
Fairgray gave the centre her correct date of birth and lied about his own age, saying he was 15. His lawyer said he did so because by that point he knew she was only 13.
After the abortion, it was alleged by the Crown that further sexual activity happened at least once.
The next month the girl went missing temporarily and police became aware of the relationship between the pair.
His neurodiversity featured heavily in this trial and Gray told the jury failing to consider his autism would be discriminating against him based on his disability.
The Crown accepted he struggled in some social situations but otherwise was intelligent and capable.
“Autism is not a defence in these charges,” prosecutor Pip McNabb said.
Usually, the burden to prove charges lies with the prosecution. However, in this case, the defence did not contest that the complainant was 13 when the sexual conduct occurred.
Fairgray pleaded guilty at the start of his trial to one charge of supplying cannabis.
Katie Harris is an Auckland-based journalist who covers issues including sexual assault, workplace misconduct, media, crime and justice. She joined the Herald in 2020.
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