May 29, 2008

Ten years' jail for escaped prisoner who admitted rape

By Anne Clarkson

An untreated violent offender who is seen as a risk to the community was jailed for 10 years with a non-parole period of five years, at his sentencing in the Christchurch District Court today.

William Spring Tawhai, 41, unemployed, had pleaded guilty to charges of escaping from lawful custody, sexual violation by rape, and aggravated assault.

Tawhai, who was on a work release programme from prison, was picked up by a woman who he had met in prison. They had consensual sex and he told her that he had been released from prison so they went to her house for the night.

The next day, he admitted he should have been back in jail. While she was driving him back to turn himself in, he demanded that she drive him to Greymouth.

There, they drove on to the beach and the car got stuck in the sand.

Tawhai demanded sex and when she refused, he threatened and raped her. She called the police but could not tell them where she was and Tawhai forced her fingers back until she released the cellphone and he took it off her.

He then demanded more sex before the police arrived and punched her in the back of the head and kicked her in the back.

The pair tried to move the car and a man came to help them. The woman indicated to him that she was being held against her will and he then said he was leaving to get a tow rope, but called the police.

When the police arrived, they took a knife that Tawhai had in his trousers. He was aggressive and head-butted one of the policemen.

The victim impact report said the victim was distressed, and injured by the kick to her back. The incident had cost her financially, and she now found she could not trust people, had nightmares, flashbacks, and ?doesn?t feel she has a life anymore?.

Judge Michael Crosbie said Tawhai was a drug and alcohol user with a history of violence towards women. He had 20 previous convictions for violence and had refused violence and addiction prevention programmes.

He told Tawhai: ?You are an untreated violent offender and a high risk to the community.?

He said unless Tawhai embarked on the courses and programmes available there was no real hope for him.

He wanted to sent a strong and consistent message to those like him, and there was a need to protect the community.

He gave Tawhai credit for his guilty plea which saved the victim the ordeal of a trial, and sentenced him to 10 years? jail concurrent with the prison term he is already serving.