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Sexual violation (specific) and indecent assault (representative) of a young disabled boy over a 3 year period
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none known
Born 1954
unknown
Sentenced to just 2 years 6 months in February 2002
Background
From the Christchurch Press 9th February 2002
A man who sexually abused an "extremely vulnerable" disabled boy has been jailed for two and-a-half years and his bid for name suppression rejected. Raymond Ian Smythe, 48, a locomotive assistant, abused the boy on about 10 occasions over three years, beginning when the boy was 13. Prosecutor Andrew McRae said Smythe's offending had been a gross breach of trust, involved an "extremely vulnerable" disabled boy, and had a significant impact on the youth.
Jane Borthwick, defending, said the offending began at the instigation of the boy, who was then aged 13, on an evening when Smythe was drunk. It then happened on about 10 occasions before ending by mutual agreement when the boy was 16. Smythe had no previous convictions, pleaded guilty early on to a representative charge of indecent assault and a specific charge of sexual violation, initiated his own treatment at a pedophile rehabilitation course, and had not shown similar proclivities, she added.
The offending was at a time when he was drinking heavily, working long hours, felt socially isolated, and his marriage was strained. Ms Borthwick sought permanent name suppression and said the move was supported by the victim and his family. Smythe's father had not been told but was seriously ill and his doctor had voiced his fears of his reaction to the news. Judge David Holderness said name suppression was not a matter for the victim to decide because the "far more important underlying principle" was the public's right to know. "Final orders for suppression of name are not granted readily," he said.
"I've reached the very clear view about the issue of suppression. This was on any view serious offending and the general view is that the community is entitled to know who has been convicted and dealt with by the courts in relation to offending of this sort." Neither Smythe's father's health nor the risk that the boy might be identified justified suppression, he said. The offending had been a sustained course of serious misconduct on a very young boy over several years, which had significantly affected him, the judge added. The full effect of the abuse might not have come to light yet. Members of Smythe's family wept in the public gallery as Judge Holderness imposed a 2 1/2-year jail term.