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Offender Databases Kelvin Manuel

Kelvin Lewis Manuel

Alias

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Offences

Rape of a Gisborne woman in December 2006
Also an assault charge on the same night, as well as driving while disqualified

Victims

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Offender Affiliations

.

Gang affiliations

none known

Age

Born 1964

Current Location

Unknown

Parole/Release Dates

Sentenced to 8 years 9 months in December 2007
Released February 2012?

Background
Gisborne Herald story 4th December 2007
An “obsession” with a woman that ended in rape saw a man jailed for almost nine years when he appeared for sentence in Gisborne District Court. There was swearing and looks of disbelief from Kelvin Lewis Manuel’s supporters as the judge sentenced him to eight years and nine months for raping a woman he was “infatuated” with. Manuel, 43, was found guilty by a jury earlier this month of raping the woman on December 21, 2006. He had pleaded guilty to an assault charge relating to the same night, as well as driving while disqualified.

Judge Anne Kiernan said the complainant, also 43, made it clear she was not interested in a sexual relationship with Manuel, but “you did not back off”. Manuel kept going around to the woman’s home and the Crown submitted that she became an “obsession for you”. On the night, Manuel went around to her house to apologise for assaulting her friend earlier that night. He let himself in, went to her room, got into bed with her and raped her.

“Your defence was that she was consenting to what you did because of the way she was behaving towards you,” Judge Kiernan said.“ But the jury must have rejected that defence.” The judge said the complainant still suffered emotionally to this day and was not able to work. That showed rape had a lasting effect on anyone, no matter what age they were.

The most aggravating features were that the rape occurred in the woman’s own home, in her own bed and at night. Therefore an appropriate starting point was eight years jail. To Manuel’s credit, he had expressed remorse and taken responsibility for his action — something people often did not do after a guilty verdict at trial, the judge said. The fact that Manuel stopped having sex with the woman once he realised she was not consenting did not really count in his favour.

In closing the trial for the Crown, prosecutor Russell Collins said Manuel lied to police and continued to dig himself into a hole. The woman was asleep at the time of the rape and therefore, as a matter of law, could not consent, he said. The complainant’s DNA was found on Manuel’s underpants as well as in a sample taken from Manuel’s penis. Manuel was sentenced to eight years and nine months jail for the rape, nine months jail for the assault and one month’s jail for driving while disqualified. The sentences will be served concurrently.

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Corrections and Additional Information
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