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NZ: Man jailed after sex attack (Manawatu-Wanganui)

Publish Date: 30 Nov 2011
Source: Manawatu Standard
By: Jimmy Ellingham

A judge has told a Palmerston North man that he should have stopped his further advances when the woman said no, despite some canoodling earlier in the evening.

In the Palmerston North District Court yesterday, Taotafa Polaia, 35, was jailed for two years on two sexual violation charges.

Earlier this year he was found guilty by a jury, and Judge Nevin Dawson said Polaia's pre-sentence report showed he still denied what happened and expressed no remorse.

Rather, he was concerned about his wife and his family  whom he had temporarily separated from when the offending took place in late October last year.

Judge Dawson said that on that night, Polaia and the woman he violated who was much younger had been drinking.

The pair then attended a function at a Palmerston North school, before buying alcohol and going to a party.

"At the party the victim went into the toilet. You followed her in and there was consensual kissing,'' the judge told Polaia.

After the party the woman went to a pub in town, then a friend's place, before finally walking to Polaia's lodgings  saying she wanted to get her shoes to walk home.

She was persuaded to go to bed with Polaia. Again the pair kissed, but the woman told him to stop when he wanted to go further.

He ignored her warnings  twice violating her, while attempting to cover the woman's mouth.

"You persisted despite her efforts to stop you,'' Judge Dawson told Polaia.

"Consensual sexual activity prior to the offending does not mean that when a woman says no she really means yes.''

Defence lawyer Tony Thackery said when the woman left Polaia's place, she drove his car home where her partner smashed it up causing $3900 worth of damage.

He had since been ordered to pay $500 reparation.

Copyright © 2011 Fairfax New Zealand Limited