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Kathryn George/Stuff
The young person will reappear in the Youth Court later this year.
A former communications manager who sexually abused her ex-boyfriend’s stepdaughter and continues to deny the offending has been discharged without conviction.
This was despite the victim speaking in opposition saying she would feel disheartened and disappointment about the criminal justice process.
Jemma Taylor, 38, was charged with three charges of sexual conduct with a child under 12, but a jury found her guilty of one charge and couldn’t reach verdicts on the other two charges.
The survivor was 11 when Taylor sexually abused her one night in 2012 and continues to live with the ongoing effects of what happened to her.
On Tuesday at the Auckland District Court, Taylor’s lawyer Marie Dyhrberg KC sought for client to be discharged without conviction, saying the consequences would be disproportionate to the gravity of the offence.
Judge June Jelas agreed accepting a conviction would be disproportionate to the gravity of the offending.
Stuff
Marie Dyhrberg KC sought for Jemma Taylor to be discharged without conviction. (File photo)
The survivor wasn’t present in court, but her grandfather told Judge Jelas he felt this was an injustice and Taylor’s conviction had just been wiped while his granddaughter continues to live with the effects.
Crown prosecutor Ryan Benic also opposed the application saying there was considerable harm to the victim and the defendant should be held to account.
Benic said there was a breach of trust given Taylor’s position and where the offending happened.
He said there would be no justice for the victim if a discharge would be granted, given the fact Taylor still denies her offending.
Dyhrberg submitted Taylor should be given discounts for previous good character and having not offended since, Dyhrberg said.
“This was an unfortunate situation one night some years ago…not excusing it at all, nonetheless the consequences for her to move on are substantial,” Dyhrberg said.
The survivor reported the offending to police nine years after the fact, only after she found out she and Taylor both worked at private Christian girls school, St Cuthbert’s College.
Back in 2012, the woman said Taylor came into her room and sexually assaulted her.
It was the night of her stepfather’s birthday party – she had gone to bed, while four adults, including Taylor, stayed up drinking and listening to loud music.
She said Taylor laughed and taunted her during the ordeal. When she screamed for help, no one could hear as the music was too loud.
“She said ‘your dad doesn’t love you, he doesn’t care about you. He only loves me. I love you, you know you love me. You know you want me’.”
She contacted her mother and grandparents to get her, and after being alerted to by his ex-wife, her stepfather came into the room to investigate.
On Tuesday, the court heard how the survivor has been diagnosed with PTSD and has painful flashbacks of what happened to her.
She is also unable to enjoy large gatherings and parties without Taylor’s offending coming to mind.
Multiple references were filed to the court on behalf of Taylor. They expressed shock and distress when they found out about the charges and how the offence was out of character.
Where to get help:
Rape Crisis 0800 88 33 00, click link for local helplines. Victim Support 0800 842 846. Safetalk text 4334, phone 0800 044 334 webchat safetotalk.nz or email support@safetotalk.nz. The Harbour Online support and information for people affected by sexual abuse. Women’s Refuge 0800 733 843 Male Survivors Aotearoa Helplines across NZ, click to find out more (males only). If you or someone else is in immediate danger, call 111. If you or someone you know is in a dangerous situation, click the Shielded icon at the bottom of this website to contact Women’s Refuge in a safe and anonymous way without it being traced in your browser history. If you’re in our app, visit the mobile website here to access Shielded.
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