Key Takeaways:
- A man in New Zealand was sentenced to 10 months’ home detention for using a forged document and obtaining by deception after deceiving three sex workers into having sex with him.
- The man had mental health problems and was diagnosed with schizophrenia, and the judge granted him permanent suppression to protect his identity.
- The man’s actions caused significant harm to the three women, who were left feeling empty, defeated, and exploited.
- The case raised questions about the issue of consent and whether it can be considered informed if it is obtained through fraudulent means.
- The law in New Zealand currently does not support a rape charge in cases where consent is obtained through deception, and a law change may be needed to recognize a person’s right to free and informed consent.
Introduction to the Case
The case of a man who deceived three sex workers into having sex with him by using a forged health certificate and fake payment messages has sparked outrage and raised questions about the issue of consent. The man, who has not been named, was sentenced to 10 months’ home detention for using a forged document and obtaining by deception. The case has highlighted the vulnerability of sex workers and the need for greater protection and support.
The Offending Behavior
The man’s offending behavior was described as "cynical and deliberate" by Judge Kevin Glubb, who sentenced him to home detention. The man had made contact with the three sex workers via the social media platform "Seeking Arrangements" and offered to pay them for sex. He then showed them fake payment messages and forged health certificates to convince them that he was a legitimate client. The man’s actions caused significant harm to the three women, who were left feeling empty, defeated, and exploited.
The Impact on the Victims
The impact of the man’s actions on the victims was severe. One of the women described feeling "hopeless, disgusted, and sick" after being told that her services were below par. Another woman said that she had been diagnosed with post-traumatic stress disorder (PTSD) and major depression as a result of the man’s crime. The women felt used, stupid, and embarrassed, and had been left with intense feelings of shame and guilt. The man’s actions had exploited their vulnerability and violated their trust.
The Legal Proceedings
The man was originally charged with three counts of rape, but two of the charges were later dropped. The Crown argued that the man’s duplicity meant that the victims did not have informed consent when they agreed to have sex with him. However, the judge ruled that the law did not support a rape charge in the circumstances, and the charge was dismissed. The man was instead convicted of using a forged document and obtaining by deception.
The Issue of Consent
The case has raised questions about the issue of consent and whether it can be considered informed if it is obtained through fraudulent means. The Crown argued that consent must be "full, voluntary, free, and informed," and that the man’s deception had impaired the victims’ ability to give informed consent. However, the judge ruled that the law did not support a rape charge in the circumstances, and that a law change may be needed to recognize a person’s right to free and informed consent.
The Sentence and Suppression
The man was sentenced to 10 months’ home detention, and the judge granted him permanent suppression to protect his identity. The judge took into account the man’s mental health problems and the potential harm that could be caused to him if his identity was revealed. The sentence was seen as a lenient one, given the severity of the man’s offending behavior. The suppression order has been criticized by some, who argue that it prioritizes the perpetrator’s rights over those of the victims.
Conclusion
The case of the man who deceived three sex workers into having sex with him has highlighted the need for greater protection and support for vulnerable individuals. The issue of consent and whether it can be considered informed if it is obtained through fraudulent means is a complex one, and a law change may be needed to recognize a person’s right to free and informed consent. The sentence and suppression order have sparked debate, and the case will likely have significant implications for the way that similar cases are handled in the future.
