Protection order 'no better than a piece of soiled toilet paper' as woman raped, beaten by partner

WARNING: This article discusses family harm and may be upsetting.

A protection order was supposed to keep a woman safe.

Instead, a judge said it proved “no better than a piece of soiled toilet paper” as her partner hunted her down, beat her, threatened her life and raped her during a sustained attack that left her fearing she would die.

Now the Northland man has been jailed in the Whangārei District Court for nine years after being convicted of multiple violent offences, including rape, assault and threatening to kill.

On the day of his trial in March, he pleaded guilty to two charges of driving while suspended, breach of a protection order and three assaults on a person in a family relationship.

He took the remaining charges to trial and, the next day, a jury found him guilty.

The victim, his partner, gave a video-recorded interview to police shortly after the 2024 incident.

Judge John McDonald said she provided a clear account of the man’s actions, understood she was required to tell the truth, and was aware she could face prosecution if she lied deliberately.

But on the second day of the trial, her evidence took a turn.

“She was now saying that everything she said in her evidential interview ... was just a pack of lies,” Judge McDonald said.

“Apart from telling the truth about her age, her name, and the number of children she had and their names, everything else was untrue.

“You never assaulted her, you never supplied her with drugs, you never raped her. She painted you as a loving, gentle giant of a man who did everything that you could for her, and that she was the one that was violent, she was the one that was disrespectful, she was the one who was addicted to methamphetamine, she was the one who wouldn’t look after her children.”

Judge McDonald said he allowed the Crown to cross-examine her and, although she accepted some events, she continued to deny the vast majority.

Both the jury and judge rejected her evidence and found the man guilty of the charges.

In May 2024, the man was driving with his partner when police stopped him in Kaikohe and issued a three-month suspension for driving with excessive demerit points.

His partner then got into the driver’s seat and drove off before they switched seats again.

The prolonged assault ended with the man raping her. Photo / NZME

Annoyed at losing his licence, he punched the woman in the face and began verbally abusing her and acting in a paranoid manner.

The judge said she asked him to take her home, but he refused. She left the vehicle and began running down the road.

He followed her and, out of fear, she got back in the car.

When he arrived at an address, he got out of the car, blamed her and punched her several times in the head.

“You told her to get out of the ute, to get on the back and bounce up and down on the tray,” the judge said.

“She said she wouldn’t do that because she was concerned she may be injured. You yelled at her and, again out of fear, she did that.”

She continued to ask him to take her home, but he refused.

They arrived at an address in Waimate North and he told her that, if she wanted to go home, she had to walk.

‘No one will have you’

As she put on her shoes to leave, he assaulted her with a wooden bat, knocking her unconscious.

When she came to, she tried to run away, but he grabbed her and continued to assault her.

“She thought she was going to die,” the judge said. “She told you that if you keep punching her in the way that you were, you’re going to kill her. Your response to that was, ‘Oh well then, no one will have you.’”

He then told her to make the bed and get in, saying, “Look, you’ve ruined my day, so I’m going to go about ruining yours,” Judge McDonald said.

He then said, “I always get what I want”, before raping her.

After the rape, he fell asleep and the woman managed to escape.

Judge McDonald said she had a protection order in place.

“All that was just a piece of paper, no better than a piece of soiled toilet paper against you.

“It should have stopped you. It was worthless so far as protecting her was concerned.”

The man’s lawyer, Shannon-Leigh Litt, submitted that he was a full-time father who had his children in his care.

But Judge McDonald rejected that.

“You didn’t get them up in the morning and feed them, take them off to school, go to school events and matters such as that.

“On this particular day, you’re out and about all day and all night, and you say on that, at that time, the children were somewhere else, with her mother or with your mother.”

The judge said the victim was extremely vulnerable given the numerous assaults to the head with a weapon and that he had taken her to a remote area with no one near to help her.

He was sentenced to nine years’ imprisonment.

FAMILY VIOLENCE

How to get help:

If you're in danger now: • Phone the police on 111 or ask neighbours or friends to ring for you.

• Run outside and head for where there are other people. Scream for help so your neighbours can hear you.
• Take the children with you. Don't stop to get anything else.
• If you are being abused, remember it's not your fault. Violence is never okay.

Where to go for help or more information:

• Women's Refuge: Crisis line - 0800 REFUGE or 0800 733 843 (available 24/7)
• Shine: Helpline - 0508 744 633 (available 24/7)
• It's Not Ok: Family violence information line - 0800 456 450
• Shakti: Specialist services for African, Asian and Middle Eastern women and children.
• Crisis line - 0800 742 584 (available 24/7)
• Ministry of Justice: For information on family violence
• Te Kupenga Whakaoti Mahi Patunga: National Network of Family Violence Services
• White Ribbon: Aiming to eliminate men's violence towards women.

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Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.