A man who abused his role as a part-time special needs caregiver, repeatedly coercing a teen with intellectual disabilities to engage in sexual contact with him, has lost his bids for a non-custodial sentence and permanent name suppression.

“The public have a right to know of these matters,” Judge Stephen Bonnar told Silverdale resident Zeak William Smith as the 25-year-old appeared in Auckland District Court for sentencing on Thursday.

He ordered a sentence of four years and four months’ imprisonment.

It’s important to other parents of special needs children that the behaviour is exposed and denounced, the Crown had earlier argued.

“His offending was committed in the context of an informal [employment] agreement,” prosecutor Helen Brown said. “This may not be the only work he’s done with vulnerable people.”

And if he wasn’t named, it might not be his last time he does so, she argued.

‘Significant power imbalance’

Smith was arrested in October 2024, one month after the then 16-year-old victim went to her school nurse seeking advice because she was worried about pregnancy.

She had a lowered curriculum at the school and wasn’t required to take tests because of her foetal alcohol spectrum disorder, ADHD and autism diagnoses.

Her disabilities resulted in impaired adaptive and executive functioning, according to court documents.

“There is a marked disparity between her intellectual and practical skills,” the summary of facts for Smith’s case states. “She requires support to complete many tasks of daily living, including self-care. She requires supervision in everyday situations where there is a heightened risk of harm (such as while cooking, using fire or when going out in public).”

Smith was hired by the victim’s mother in June 2023 to pick her up from school one day a week and to spend one day over the weekend with her – taking her on outings, teaching her life skills and assisting her with daily activities such as catching the bus.

The mother explained to Smith the teen’s diagnosis and mental age, as well as the girl’s understanding of boundaries and the “no touch zone”.

“[Her] disorders increase her vulnerability to sexual exploitation and victimisation,” court documents state. “That is particularly the case in sexual situations where the other party is significantly older than her, significantly more intelligent than her, significantly physically stronger than her, has a legitimate right to advise or instruct her, or provide/prevent her access to money or other tangible rewards.

“She has a significant impairment which can seriously impair her ability to communicate decisions about sexual conduct should she be in a situation of a significant power imbalance.”

‘They wouldn’t understand’

But Smith appeared to take the advice about the teen’s disabilities as a roadmap for how to exploit her, authorities suggested.

“Mr Smith frequently used the times he was caring for [the teen] to establish an inappropriate relationship with her, in order to facilitate future sexual contact with her,” court documents state.

He would sometimes park with her at a secluded location and offer to massage her – groaning, breathing heavily and, on one occasion, sticking his finger in her mouth. On other occasions, he had her sit on his lap at a public pool and in her parents’ spa pool.

Auckland resident Zeak Smith was convicted of sexually abusing an intellectually disabled teen whom he had been hired to spend time with two days a week. Photo / Supplied

He described to her his interest in bondage.

Smith also told the teen he cared for her, even though he was dating another person at the time.

“They don’t know the situation,” Smith told the teen when she asked him what would happen if their interactions were discovered. “You’re young, you’re curious. They wouldn’t understand.”

‘This is a secret’

Court documents outline multiple incidents in which Smith touched the girl inappropriately while they were alone, including while watching movies in the girl’s bedroom and while in his car outside her home.

The longest and most graphic description of Smith’s inappropriate interactions with the victim related to September 3, 2024 – the day before the girl went to her school nurse.

The girl initially went along with some of the touching, “as she was worried that Mr Smith would be angry at her if she did not do so”, but refused his insistent requests for oral sex, court documents state.

At one point, it is agreed, Smith put his hands around the girl’s neck and said: “If I can’t have you, no one can.” While the two did not have intercourse, he touched her in a way that led her to believe she might get pregnant.

“Hey running a few late sorry,” he texted the girl’s mum with a smiley face emoji as he instructed the victim to put her clothes back on and began driving her home at 8.43pm, two minutes before her curfew.

He assured the victim she couldn’t get pregnant when she voiced concerns but offered to buy her a pregnancy test to set her mind at ease.

“We need to talk about professional boundaries,” he also told her. “I don’t want you to think that I’m some old creep or anything.”

But he also reminded her not to tell anyone what had happened.

“This is a secret,” he said, according to the agreed facts.

‘Wakes up howling’

Judge Bonnar noted during Smith’s sentencing that the abuse has resulted in “significant and extreme consequences” for not only the victim but her entire family.

“She says that your actions completely changed her life forever,” he said, referring to a victim impact statement submitted by the victim but not read aloud in court.

Addressing the judge in person, the victim’s mother said she and her husband have used up all of their leave trying to support their daughter, who has been pulled from school and can no longer be left alone because of her trauma.

Smith’s betrayal has caused the parents to no longer trust caregivers, which has left them exhausted trying to give her fulltime care.

“Night after night she wakes up howling from nightmares and I have to lie down with her and cuddle her until she can sleep again,” the mother said, explaining her daughter has been diagnosed with post-traumatic stress disorder but has had difficulty finding a therapist suitable for her trauma and her disabilities.

“She’s often afraid to leave the house.”

On one occasion she had an intense stress reaction, nearly resulting in a car crash, after seeing a car that looked like Smith’s, her mother recalled. On another, she saw a grocery store worker who resembled him and suffered a panic attack, screaming in the middle of the store.

The teen has gained about 20kg in weight from stress eating at night when the rest of the household have fallen asleep, the mother told the judge.

‘Trusted him completely’

The teen’s mother said her nights have also been sleepless because of the guilt of having hired Smith. The stress has affected her health and resulted in her recent hospitalisation, she said.

“I treated him with so much kindness,” she said. “I paid him generously, cooked for him and trusted him completely.”

All she wanted in return, she said, was for her daughter to feel appreciated and valued.

Part-time caregiver Zeak Smith appears in Auckland District Court for sentencing after his guilty plea to having sexually abused an intellectually disabled teen. Photo / Craig Kapitan

“Because of what Zeak did, I will never be able to trust a caregiver again,” she said, describing such distrust as “devastating” for the parent of any special needs child.

“What he did to my vulnerable daughter ... should never have happened.”

‘Significant lack of insight’

Smith tried twice in recent weeks to postpone the sentencing so he could have time to enrol in a rehabilitative programme. It’s been difficult to find a good placement, defence lawyer Sam McCarthy said, because of the circumstances of the case.

But two judges declined the requests, both noting Smith had plenty of time since his arrest to find treatment.

McCarthy then argued his client – and in turn, the community – would be best served if he received a non-custodial sentence that allowed him to undergo privately funded therapy. It would no doubt be more effective than any programmes provided in prison, he said.

In a letter submitted to the court, Smith accepted that what he did was wrong.

“From Mr Smith’s perspective... it seemed to be something that had aspects that resemble a relationship,” the defence lawyer said.

“With a severely impaired young woman,” the judge interjected, suggesting that, rather than painting the defendant in a better light, it showed a “significant lack of insight”.

‘He knew’

Defence asked for a sentence starting point of four years before factoring in 50% in reductions for his guilty pleas, youth, previous good character, remorse and efforts to find therapy. Prosecutors, meanwhile, sought a starting point of five and a half to six years, with substantially lower discounts.

The judge, for the most part, agreed with the Crown.

“It was clearly premeditated and planned,” Judge Bonnar said, adding there were “elements of grooming here”. “You manipulated her to try to keep matters secret.”

Judge Stephen Bonnar says the offending was clearly premeditated and planned. Photo / Sylvie Whinray

He allowed a 10% reduction for Smith’s guilty pleas to representative charges of exploitative sexual connection with a person with a significant impairment, punishable by up to 10 years’ imprisonment, and exploitatively doing an indecent act with or on a person with a significant impairment, punishable by up to five years.

His lawyer had asked for double the amount, pointing out Smith pleaded guilty immediately after authorities had revealed they found videos and photos on his phone showing him in a compromising position with the victim. Judge Bonnar was unswayed, pointing out that Smith waited until two days before his trial was to begin and had been prepared to call the victim a liar.

“He knew what he had done,” the judge pointed out. “He always knew what he had done.”

The judge also allowed a 5% discount for his youth but declined discounts for his prior good character, remorse or rehabilitation efforts. It would be wrong to reward his prior good character when that’s what he used to gain the trust of his victim’s parents, he said.

Suppression denied

As for Smith’s last-minute permanent suppression bid, the judge noted the defendant did not have suppression for most of the court process – applying only after the Herald sought access to court documents.

Smith said he had been assaulted shortly after his behaviour came to light, and his family said they believe their car had twice been tampered with.

Zeak Smith's last-minute bid for permanent name suppression was rejected by a judge. Photo / Craig Kapitan

Vigilante justice must be condemned, the judge agreed. But the alleged attack, which did not result in any criminal charges, occurred before there had been any reporting on the case so suppression wouldn’t have prevented it, he noted.

Smith’s crimes occurred before a law change last year that allows victims to veto bids for permanent suppression. Regardless, the judge said, the victim and her family were “firmly opposed” to Smith keeping his identity secret.

SEXUAL HARM

Where to get help:
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email support@safetotalk.nz
• For more info or to web chat visit safetotalk.nz
Alternatively contact your local police station - click here for a list.
If you have been sexually assaulted, remember it's not your fault.

Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.