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Sexual violation by non-consensual anal intercourse with a 21 year old woman in January 2007
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none known
Born 1978
Unknown
Sentenced to 6 years 6 months in December 2007
Background
From the Sunday News 6th July 2008
A high-wire trapeze artist has lost his appeal against a conviction for raping a South Island circus-goer. Everyil Rivera Vasquez, 30, was sentenced to six and a half years at the Timaru District Court last December after being found guilty of sodomising a 21-year-old woman.
He was cleared on another anal sex charge as well as counts of digital penetration and forcing the woman to perform oral sex. Vasquez has claimed the sex was consensual.
Dunedin defence lawyer John Westwood said it was illogical and inconsistent for the jury to find his client guilty of one charge and not the others. Crown Solicitor for Timaru Tim Gresson disagreed. Vasquez challenged his conviction but Court of Appeal judge Justice Ellen France dismissed the appeal. France said Vasquez was a high-wire performer with a travelling circus.
A few days before the incident, the woman had gone to the circus with a friend and watched him perform. "The complainant said that the appellant had waved to her during that performance," France said. Some days later the pair met by chance at a local tavern where they talked and danced. France said the woman told Vasquez she had a boyfriend and rejected the circus star's advances.
When she left the bar to phone a friend for a lift home, Vasquez walked with her but she again rebuffed his sexual advances. He then pulled her into a hidden area where the attack occurred. The woman said the pain was excruciating. Vasquez accepted she was screaming. "His explanation that these were screams of pleasure was, not surprisingly, rejected," France said.