Sex worker group welcomes long jail sentence

By David Clarkson

The Prostitutes? Collective has welcomed a nine-year jail term imposed on a man convicted of raping a Christchurch prostitute in a shelter in the grounds of Mona Vale.

The woman had believed she was going to die in the early morning encounter with 21-year-old Rufus Joseph, after the threats he made.

The regional co-ordinator New Zealand Prostitutes? Collective, Anna Reed, was in court for much of the trial and for the sentencing by Judge John Macdonald in Christchurch District Court today.

She said afterwards: ?We are really pleased with the courts recognising that no means no and that a sex worker has the same rights as anybody else. The sentencing has reflected this.?

Joseph, has been living and working in New Zealand for two-and-a-half years, after travelling from India. He will be deported at the end of his sentence.

Defence counsel Tony Garrett said the trial had not been run on the basis of any ignorance of the law in New Zealand. ?In his culture there is huge shame in not only engaging with the victim, but also in having now been appropriately convicted.?

Joseph understood that a significant prison term would be imposed upon a young man who was far from home and family, and had only limited support locally. ?I asking for a merciful approach here, by the court,? he said.

Crown prosecutor Deidre Orchard said the woman had been vulnerable because of her profession, but she quoted an earlier court ruling that prostitutes were involved in a lawful trade and were not to be seen as easy game or targets for violence.

The Crown called for a 10-year sentence before adjustments were made for other factors.

Judge Macdonald said Joseph had taken the woman to a dark garden at Mona Vale in the early hours of the morning and when she resisted going any further he had overcome her resistance with threats. He had spoken of friends nearby who might gang rape her and asked her if she wanted to die. He had talked of another prostitute being scarred and he then took her cellphone off her when she tried to call 111.

At the trial, she gave evidence of believing she would be ?the next woman found in the Avon River?.

Joseph maintained that the woman tried to rip him off after reaching agreement for sex.

He then insisted she get naked on a cold morning in a dark park, and perform oral sex without a condom ? something she described as disgusting ? before raping her.

Joseph admitted in his statement to the police that he had made threats and that she had repeatedly said she wanted to leave.

The jury convicted him on a charge of detaining the woman, and two counts of sexual violation by oral sex, and two of rape.

Judge Macdonald said the incident had been life-changing for the woman. She now felt lonely and isolated, and less confident around people. She had nightmares and flashbacks.

?There has been some positive outcome,? said the judge. ?What you did to her made her confront and overcome her addiction to morphine.?

He said Joseph had exploited or taken advantage of the woman?s vulnerability, but prostitutes were entitled to the same protection as anybody else.

He reduced the sentence for Joseph?s age and the difficulties he faced for a long prison term so far from his home and family. He noted he only had one previous conviction, for drink-driving.

He imposed a nine-year jail term and read him a first strike warning which could not be done when the jury delivered its five guilty verdicts because Joseph was so upset and sobbing.