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escalating violence in our community
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Sensible Sentencing Trust
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Rape of a Christchurch woman in January 2000
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.
none known
Born 1977
unknown
Sentenced to six years in June 2001
Unsuccessfully appealed in October 2001
Background
From Christchurch Press story 16 June 2001
A case of rape involved sexual intercourse by deceit and its element of revenge was disgraceful behaviour, a District Court judge has said. Jeremy Ian Hope, 24, who had been found guilty by a jury of raping a friend's girlfriend, was yesterday sentenced to six years jail by Judge Stephen Erber, who said it was "sexual intercourse by deceit". The victim had told the court during the trial that she had taken a sleeping pill and gone to bed, but had woken to find a man having sex with her from behind.
She discovered when trying to speak to him that the man was not her boyfriend, but Hope. Hope's lawyer, Mark Callaghan, said there was an absence of violence in the case, admittedly a neutral factor, and the offence was out of character for Hope, a first offender. The victim hoped the sentence would not be crushing, and that Hope could get help for his behaviour, so some good could come out of the incident. For the Crown, Deidre Orchard said it was clear from the jury's verdict that there had been no consent, and no reasonable grounds for believing there was.
The victim was innocent, did not in any way bring it on herself, and Hope was the sole author of what happened, she said. Judge Erber said Hope had found out the victim's boyfriend had gone to bed with another woman, and felt aggrieved. He had gone to her house after midnight to tell her what happened, and to have sex with her if he could persuade her. The complainant had initially thought it was her boyfriend in bed with her, but awoke to discover her mistake. Hope had told police he wanted to have sex with the complainant in order to "piss off" her boyfriend, said the judge.
There was no home-invasion element, but it seemed Hope had not accepted she did not consent. The victim impact report showed she was sorry for Hope, but "very cross". The offence was done in her home where she should feel safe from unwarranted intrusion. Many people had spoken highly of Hope, and it was clear it was out of character for him to consider rape. There was no violence, but that did not really mitigate, said the judge. "You deliberately allowed her to think you were her boyfriend, knowing she was unlikely to consent if she knew who you were."