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WARNING: This story contains details of sexual assault.
After a teenager reported she had been repeatedly sexually assaulted by a group of men, one of them urged her to tell police that they were all innocent.
“Do everything possible I can’t go to jail,actually do [victim] otherwise I’m going to get in serious trouble this isn’t a joke man” [sic], Elias Tenorio-Quinones texted the then 15-year-old.
But the teenager stayed strong, and last week in the Hamilton District Court the now 23-year-old Colombian refugee was jailed for two years and eight months.
However, as he has been in custody for the past 21 months, he will soon be eligible for parole.
Elias Tenorio-Quinones tried to get his victim to tell police he and his friends were innocent of their sexual assaults (file photo). Photo 123/RF
Tenorio-Quinones is now the last of three offenders to be sentenced for the sexual assaults that occurred around Hamilton, including Hamilton Lake and Callum Brae Park, in 2022.
Last year, CJ Sampiano, 20, was sentenced on three charges of sexual connection with a young person to 10 months’ home detention and ordered to pay $5000 in emotional harm reparation.
And their 20-year-old co-offender, who can’t be named for legal reasons, was sentenced to six months’ community detention, 12 months’ supervision, and ordered to pay $1500 in emotional harm reparation on four of the same charges.
Tenorio-Quinones got the most severe sentence as he admitted 10 charges; nine of sexual connection with a young person and one of attempting to pervert the course of justice.
The court heard that between September 30, 2022, and October 17, 2022, Tenorio-Quinones met up with the victim numerous times and gave her cannabis before engaging in sex or sexual behaviour.
At times, the victim tried to push Tenorio-Quinones off her, said “no”, or felt pressured, and, on two occasions, he filmed her having sex with his 20-year-old co-offender.
After being arrested and bailed, Tenorio-Quinones tried to convince the victim to go to the police to report her friends for spreading “bad information” about him and his co-offenders, and to also say he never forced her to have sex.
‘A rollercoaster of emotions’
In her statement, the victim’s mother told Judge Philip Crayton that her daughter was vulnerable when she met the men.
Soon after, her daughter changed. She became “very emotional” and prone to “blow up in extreme rages” and got involved in “very risky behaviours”.
“[She] has been on a rollercoaster of emotions, and her journey will be a long one,” the mother said.
“The sexual assaults have derailed [her] progress in life ... but she is improving.”
Tenorio-Quinones took advantage of the victim and had also shown no remorse for his actions, she said.
Tenorio-Quinones’ counsel, Joon Yi, said his client was genuinely remorseful and a letter he had penned showed insight into what he had done.
He denied there was any victim-blaming, saying he was “simply explaining the background as to how he got to know the victim”.
Crown solicitor Lexie Glasier appreciated Tenorio-Quinones had no previous convictions, but said he was still too young to qualify for any previous good character discount.
“He’s not even had the opportunity to form a character that is good.
“These matters indicate he is not someone of good character.”
She said he had also made comments in his pre-sentence report that appeared to blame his co-offenders, that he was influenced by them, and “intoxicated mainly by marijuana”.
His remorse letter also had elements of victim-blaming and minimisation of his actions, she submitted.
He had been sent “a whole raft” of character references, many from family, who described Tenorio-Quinones as “quiet, polite, and respectful”.
“And I’m sure you are.
“I’m sure that that element of your character is what gained the trust of your victim.
“It really couldn’t be said that you are a person of positive character.”
The judge accepted the letter of remorse demonstrated some insight, and allowed 3% discount. He gave a further 5% for background factors and applied credit for his guilty pleas and youth.
From a starting point of four years and six months, Judge Crayton jailed Tenorio-Quinones for two years and eight months.
