Assault justification a shocker

Monday April 24, 2017 Written by Published in Crime

A man who justified holding his victim by the throat, as “the way any man lovingly holds a women”, has been found guilty of assaulting a female late last year.

 

The Avarua High Court was told the findings of the investigation into the alleged offence that took place in the early hours of Sunday October 2, 2016.

It was told Nae Williams offered the victim a ride home after discovering she had been left without transport following a night out clubbing with friends on Rarotonga.

While guiding the victim to the location of his bike, Williams grabbed her by the wrist and pulled her down a dark driveway by Bluesky. It is there that the assault allegedly took place.

Justice of the Peace Carmen Temata read out evidence to the court on how the assault unfolded.

“The defendant in court today allegedly pinned the victim against a hut, holding her by the throat and proceeded to kiss her.

“The victim struggled and tried to get away from him, however could not, as she was squashed between his body and the hut.

“He held her arms down by her side and held her throat with her head against the hut.

“The victim admitted she struggled to get free as he was too big and too strong.

“She then froze and realised she had to do anything in order to get away, as she truly believed that she was going to be raped,”

The victim in her oral evidence told the court how she stood, frozen with fear as he continued touching and kissing her against her will.

The court heard how the victim feared the worst and had never felt that violated before in her life.

The victim said she mentally tried to plan a getaway and concluded the only way she could get free was to have the defendant believe she wanted to take things further, convincing him to take her somewhere with “better lighting”.

Temata continued;

“The defendant confirmed that he told the police that he forced the victim against the wall and kissed her.

“The defendant also confirmed that he told the police that he grabbed her around the upper body, just like any man holds a woman,” the court heard.

While listening to this aspect of the evidence, people in the Avarua High Court could be seen shaking their heads in disagreement and shock.

Temata continued: “When the victim was asked if she was held in an aggressive or loving way, she responded that in her opinion there was nothing loving about going through what she did.

I quote, ‘It was completely traumatising, and I had never experienced anything like it’.” 

Williams, defended by Norman George questioned the level of intoxication of the victim, her choice of clothing, and even her sexual history.

George also proceeded to declare the incident was the victim’s own fault, that she had allowed herself to be in that situation, and that his client (Williams) was merely the knight in shining armour, coming to the rescue of a damsel in distress; a cliché most dissimilar to the alleged offence, Temata said.

The court heard that the victim was able to convince the defendant to take her home, where she assured him they would be comfortable and alone.

However, the victim was aware her cousin would be awake and would help her.

Upon arriving at her home the victim became distraught and her cousin led her inside, where the pair immediately notified police.

A doctor’s medical report on his diagnosis of the victim’s injuries proved there was evidence of assault.

JP Temata said she was satisfied the Crown had proven beyond reasonable doubt that the defendant assaulted the victim.

The court found Williams guilty and scheduled sentencing for May 16, 2017.

Leave a comment