Allegations of Sexual Abuse


Mt Maunganui Pack Rape Case


4. Verdict  July 2005

 




Stuff
July 6 2005

Rape victim's victory may encourage others to come forward
NZPA

Victims of past rapes may be encouraged to come forward following the conviction yesterday of four men for the gang-rape of a 20-year-old woman at Mount Maunganui 16 years ago, a sexual abuse expert says.

Auckland Sexual Abuse Health Foundation spokeswoman Caroline Day said today other victims of historical sexual abuse may have memories brought up by the case that has been played out for two weeks at the High Court in Wellington.

"I think women that may have buried that experience or partly forgotten about it, can be reconnected with it and have a desire to come forward and do something about it," she told National Radio.

The jury of eight women and four men yesterday found the four men guilty of gang-rape and abducting the woman after a day's deliberation.

Peter Mana McNamara, a 46-year-old Mt Maunganui businessman, Warren Graham Hales, a 40-year-old fireman of Papamoa and two men aged 47 and 53 – whose names are still suppressed – were remanded in custody for sentencing on August 5.

The two unnamed men were also found guilty of unlawful sexual violation and the 47-year-old was convicted of a second rape charge. Both men were acquitted of sexually violating the woman with an object.

The woman, who now lives Australia with her husband and three children, lodged a complaint with police in April 2004 while on holiday in New Zealand.

She told the court the men lured her into a hut on the pretext of having a lunch date with the 47-year-old, but once there she was bound and raped. The men had maintained the woman had orchestrated consensual group sex and denied restraining her.

With no DNA evidence, the trial came down to the victim's word against that of the accused.

Historical rape cases raised issues for defence lawyers, New Zealand Bar Association president Peter Winter said today.

"It raises issues of memory, and reliability of memory," he told National Radio.

"It raises issues of what witnesses might have been available at the time to assist the defence case but are no longer available because they have disappeared or possibly died."

Whether the accused was capable of remembering events or healthy enough to stand trial also had to be considered, Mr Winter said.