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Offender Databases Michael Davis

Michael Keith Davis

Alias

.

Offences

Rape and sexual violation by digital penetration of an Alexandra woman and indecent assault on two other women between February and May 2008

Victims

.

Offender Affiliations

.

Gang affiliations

none known

Age

Born 1990

Current Location

Corrections facility

Parole/Release Dates

Sentenced to 6 years in November 2009

Background
From the Otago Daily Times 17th November 2009
It showed the hypocrisy of the justice system that a young man needing positive role models had to be sent to a place where the role models were even more negative than where he had been, a district court judge told a 19-year-old Alexandra shearer yesterday as she sentenced him to six years in jail. Michael Keith Davis was found guilty in October by a Dunedin jury on one count each of rape and sexual violation against one woman and a count of indecent assault on each of two other women between February and May last year.

Sentencing him in the Dunedin District Court yesterday, Judge Jane Farish said Davis, whose father had never been present and who had subsequently struggled to find any positive male role models in his life, had "unfortunately" found employment and a sense of family in the shearing industry, which neither provided good role models nor promoted positive and appropriate sexual boundaries. "I say `unfortunate' because the reality is I am going to send you to a place where the role models are even more negative. "That is the hypocrisy of the system we have, but I have no alternative."

At trial, the young woman who accused Davis of rape said she was asleep in bed when he came to her room. She wondered why he was there, as she knew he had a girlfriend. She described Davis touching her indecently before having sex with her. He had asked if she had a condom and she told him no. Sex did not last very long and, just before he finished, he said, "I can't do this". The young woman agreed under cross-examination she had not physically resisted, that she was not being held down or threatened in any way. She also agreed she was not thinking of rape at that stage.

It was after she told her mother what had happened and gone home that she made a statement to the police. The three woman complainants, all his colleagues, had suffered significantly as a result of Davis' actions, Judge Farish said. They were all now anxious someone would come in to their rooms at night and had issues with trust. All three had subsequently been subjected to abuse from the shearing fraternity involved, which was unfortunate, but also explained why Davis thought what he did was acceptable, she said. She accepted that Davis, who was intelligent but socially inept and lacking in communication skills, honestly believed the women were consenting to his sexual advances even though there were no reasonable grounds for that belief.

"This case is all about a young man who didn't know what was appropriate, both sexually and socially," the judge said. However, the crime was aggravated by the fact he went to the women's rooms uninvited in the middle of the night. From a starting point of seven years in prison, she added six months for the two counts of indecent assault and deducted 18 months because of his age and the fact this was his first offence. The final sentence was six years in prison for the rape and sexual violation charges, with two sentences of three months each for the indecent assault charges to be served concurrently. She also ordered Davis receive psychiatric help to understand appropriate sexual boundaries.

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Corrections and Additional Information
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