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Home / New Zealand

Sonya Bateson: Survivors should not be made to feel their attacker's lives are worth more than their own

Sonya Bateson
By Sonya Bateson
Regional content leader, Bay of Plenty Times and Rotorua Daily Post·Bay of Plenty Times·
21 Sep, 2022 09:00 PM6 mins to read

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Survivors of violent crimes need weeks, months, years or sometimes decades of rehabilitation, writes Sonya Bateson. Photo / Getty Images

Survivors of violent crimes need weeks, months, years or sometimes decades of rehabilitation, writes Sonya Bateson. Photo / Getty Images

OPINION

A courtroom is a cold place.

That's not a metaphor. Every courtroom I sat in during my years as a journalist had its air conditioning cranked up to a point somewhere between mid-winter Tongariro and Siberia.

The media bench in one particular courtroom happened to sit right under a vent, the punishing air blowing directly on to my stiff fingers as I attempted to scratch notes on to my notepad.

I sat there listening to name after name, waiting for my particular person of interest to be called up, trying (futilely) to warm my hands up under my legs.

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When the next name was called, a sharply-dressed young man stood up, looking ready to attend a board meeting, and walked to the dock.

His lawyer began to speak.

The man in question was employed in a good job and had a shining future ahead of him, the lawyer intoned. He played sport, he had a supportive family, and he had a loving girlfriend.

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The indecent assault charges against him were at the lower end of offending, the lawyer said.

Both his client and the woman had been drinking, and the man believed the woman had been flirting with him all night.

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His client was a good person whose bright future would be irrevocably damaged by a conviction.

The judge agreed that the man's actions appeared to be out of character and that a discharge without conviction was appropriate.

The free man walked out of the courtroom, back to his girlfriend, parents and job, while I sat there shivering, this time from more than cold, wondering how his victim would feel when she heard the news.

My comfortable world felt a little less safe.

That evening, I went out for dinner and drinks with some friends.

I was ordering another round at the bar when that very same man came and stood next to me.

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I kept my eyes straight ahead, pretending he was any other man in a bar, paid for my drinks and quickly returned to my table.

Feigning nonchalance, I took a big sip of my beer and tried to forget he existed.

It worked, for a while.

Until a friend subtly pointed to him and whispered to our group: "See that guy over there? That's X, he's the guy that Y said raped her a few years ago. Watch out for him".

And we did. We watched as he smiled with his friends, joked with the bartenders, and acknowledged acquaintances.

We watched as he walked out the door, his hand resting lightly on the small of his girlfriend's back, looking as if he had not a care in the world.

Maybe he didn't. The law, after all, didn't seem to regard his actions as serious.

And, if the rumours were true, he'd already gotten away with much worse.

In my opinion, it is pretty easy to get away with raping and sexually assaulting someone in our beautiful little country.

In February this year, the Ministry of Justice released data that showed 94 per cent of sexual assaults were not reported to the police.

So, let me interpret that another way. If you sexually assault someone, there's only a 6 per cent chance that your victim will report it. And that doesn't mean it will go to court either.

That is... grim. Scary. Horrifying.

The same data said 938,000 New Zealanders have been sexually assaulted during their lives.

And what's even scarier is if you're one of those who gets assaulted, it's very highly likely going to be by someone you know.

That stranger in a dark alleyway stereotype is mostly just that - a stereotype.

Or, as the articulate teenager who spoke on behalf of the five girls assaulted by teen rapist Jayden Meyer wrote: "Society warns you of old men or getting drugged at clubs, not a predator that hides among your peers".

The statement from these girls said they believed justice had not been served in this case.

And I sympathise with their view. In my view, nine months of home detention for four charges of rape, four charges of sexual violation, and two charges of doing an indecent act means justice has not been served.

Society does need to do its utmost to rehabilitate criminals and prevent reoffending.
I firmly agree with that. But, in some instances, the punishment needs to fit the crime.

Murder, rape and other violent assaults are about the worst things one human being can do to another.

They are crimes that can and do leave survivors with permanent damage, both physically or through post-traumatic stress disorder.

An assault survivor may need weeks, months, years, or decades of rehabilitative treatment.

Why should the perpetrator of a vile, violent crime be able to return to living a normal life before their victim is healed enough to do the same?

Survivors should not be made to feel their attackers' lives are worth more than their own.

That, in my opinion, is not justice.

- Sonya Bateson is a writer, reader, and crafter raising her family in Tauranga. She is a Millennial who enjoys eating avocado on toast, drinking lattes and defying stereotypes. As a sceptic, she reserves the right to change her mind when presented with new evidence.

WHERE TO GET HELP:
NZ Police
Victim Support 0800 842 846
Rape Crisis 0800 88 33 00
Rape Prevention Education
Empowerment Trust
HELP Call 24/7 (Auckland): 09 623 1700, (Wellington): be 04 801 6655 - 0
Safe to talk: a 24/7 confidential helpline for survivors, support people and those with harmful sexual behaviour: 0800044334.
Mosaic - Tiaki Tangata Peer support for males who have experienced trauma and sexual abuse: 0800 94 22 94
If it is an emergency and you feel like you or someone else is at risk, call 111.

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