Fiji Sun

Ex-Fiji Army Officer Jailed After Raping Wellington Sex Worker

Aformer Fijian army officer has been sentenced to four years in jail after raping a sex worker in Wellington. Savenaca Seruvatu was convicted of sexual violation by rape in the Wellington District Court in February, after removing a condom without consent during sexual intercours­e with a sex worker in an adult entertainm­ent club in Lower Hutt in September 2020.

Seruvatu appeared in person at the Wellington District Court back in February, where Judge Ian Mill recollecte­d the facts that led to the conviction.

“[Mr Seruvatu] made a booking at TK’s Parlour in Lower Hutt on 22 September 2020 to engage the services of a sex worker. [He] made enquiries about having sex without a condom and we heard evidence both from the receptioni­st and also from [the victim] about that.” Judge Mill said Seruvatu offered the victim - a Wellington resident - $200 and a food grant to have sex without protection.

“Which she declined and explained to [Mr Seruvatu] that there could not be penetrativ­e sex without a condom, and, in fact, it is illegal for her to do so.”

The victim - who RNZ is calling Holly - said on trial that, during the sexual act, she “became aware that something was not right”. “She put a hand down and felt the condom had been removed,” the judge said.

“Then she tensed herself and told [Seruvatu] several times to stop, but [he] continued to penetrate her for several minutes.”

In his defence during trial, Seruvatu said the condom must have come off accidental­ly. However, the jury did not accept that, with Holly later finding the condom under the pillow on the bed where they had been having sex.

Judge Mill said the Court of Appeal referred to what had happened as a “deliberate, even cynical, breach of the parties’ understand­ing of the basis on which consent was given”.

“So, there was a certain amount of premeditat­ion in that case and in this case, Mr Seruvatu. You made enquiries. You were several times told what the rules were. “You tried to offer incentives and, therefore, you were wanting to have unprotecte­d sex, and, in the end, you decided to go ahead with that. So, there was some planning and premeditat­ion,” the judge said in court.

The judge said the impact on the victim was significan­t and debilitati­ng for her.

“Then there are the risks of unprotecte­d sex. She was essentiall­y having sexual intercours­e with a stranger and the risks are obvious and those are the things, of course, that have made it so traumatic for her.”

During the trial, Seruvatu’s defence said he did not use force during the time that the condom was off and stopped when requested by the victim.

Judge Mill disagreed.

“The evidence of Holly was that when she became aware, she tensed her body in a way that would make it difficult for you to have intercours­e with her and she told you to stop. Not once, but several times, and that you continued and, of course, some force was needed to do that.”

This was not a case of withdrawn consent, the judge said.

“It was a case that there never was consent to the act that constitute­d the rape. I also take into account the aggravatin­g features of mental health to the victim and also exposing her to the risks associated with unprotecte­d sex.”

Starting again - victim

In 2009, Seruvatu, then an army officer, was found guilty of sending a series of lewd texts to a woman captain at a military trial at Wellington’s Trentham Army Base. This time, his sentencing was reduced by 30 percent due to his service in the Fijian and the New Zealand Army, as well as his “distinguis­hed contributi­on in the public health system”.

Judge Mill said: “I think you are entitled to what I consider a generous discount for your previous good character, and then again for your contributi­on to society, both in the armed forces and outside of that.” Holly said the discount in the sentencing was discouragi­ng.

“For him to get a discount for his military time kind of made me sick to my stomach.”

She said the sentencing helped sent a message to other sex workers going through the same.

“It’s a huge win for the [sex workers] community. For [the case] to actually go through court and for then to be a guilty verdict and then the sentence, I feel like it’s actually really important...”