WARNING: This article deals with sexual assault, family violence and suicidal ideation and may be upsetting.

“Boys like you will not stop us from standing tall and fighting for what’s right.”

Those were the words of a woman to her rapist as he was sentenced to jail for raping and sexually assaulting her during a 21st birthday party.

Benjovi Toa, 34, appeared at the Christchurch District Court, where he was jailed for the attack after he had lured his victim into a dark, secluded area during the party in Kaiapoi.

Toa was earlier convicted of two counts of rape and four of unlawful sexual connection.

He had also entered late guilty pleas to other unrelated charges, including contravening a protection order twice, two counts of assault on a person in a family relationship and one of threatening behaviour relating to family violence incidents.

On Wednesday, Toa’s first victim told the court how she used to be strong and happy and had goals in life, but Toa took everything from her the night he assaulted her.

“I never thought I’d be part of a statistic... I thought I’d be able to fight back, but how was I supposed to?”

In an emotional victim impact statement, the woman, who has name suppression, told the court she was 21 at the time of the assault, and after it happened she remembered Toa whispering to her, trying to get her into his vehicle.

She pictured the next day’s headline as ‘Woman found dead in North Canterbury’.

Following the assault, she constantly lived in fear and paranoia. She kept a knife under her pillow and a metal pole close by.

She stayed awake most nights until she heard the birds chirping and knew her father was awake, as she only felt safe sleeping knowing he was up.

Benjovi Toa was sentenced to eight years and 10 months' imprisonment at the Christchurch District Court on Wednesday for raping a woman at a 21st party in Kaiapoi and assaulting his ex-partner. Photo / George Heard

Every time a door opened or someone walked behind her, she feared it would be Toa. She began walking to her car clutching on to a pocket knife so hard it would leave indents on her hand.

Her post-traumatic stress disorder made it impossible to return to work and she had to go on a benefit, but this barely covered living costs. She began losing weight because of the stress.

Her mental health declined and she was admitted to hospital when she became suicidal. The woman said she was put on medication that turned her into a zombie and made her sick, just so she could get a few hours of sleep each night.

She said the lengthy court process of going through a trial almost made her give up, but remembering the pain, shame and fear Toa made her feel, she knew she “couldn’t give up this time”.

“The girl I once was is gone. I fought so hard to find her, but it’s like you took her... One thing you can never take from me is my resilience. You may have forgotten what you did to me that night, but I never will.”

Judge Stephen Bonnar commended the victim for her bravery and courage, apologising on behalf of a system that resulted in a lengthy court process.

He acknowledged that nothing could change what happened, but hoped the outcome of sentencing Toa would bring her some peace.

Toa continued to deny the charges but was found guilty by a jury in March this year.

On July 3, 2020, the victim went to a 21st party in Kaiapoi and Toa, who was unknown to the woman, was also there.

Toa and the victim drank alcohol, and while they were talking, she began to feel sick and dizzy and found it difficult to stand up.

She leaned against Toa so he could support her, and he wrapped his arms around her and guided her away from the party, toward the gate of the property. He began sucking and biting on the side of her neck.

He suggested that they go to his truck, but the victim did not want to go. Toa then led her to a secluded area outside and removed the woman’s pants and underwear.

He sexually violated her while holding her head between his hands, and while she was on her hands and knees on the ground. He then raped her.

Toa raped the woman a second time while she was pushed up against a car.

The victim managed to send a text to her ex-partner, who contacted another person at the party and asked them to look for her. At this time, she said Toa pulled her into a bear hug, saying, “Shhh, I have got you.”

The person who had been contacted found Toa and the victim walking back to the party. Toa had his hands on her shoulders and she was crying and shaking.

The victim contacted police the next day and was examined by a doctor. He noted redness and tenderness on both knees and bruising to her neck.

When Toa was interviewed by the police, he insisted the sexual assault was consensual and attempted to portray the victim as the aggressor.

Judge Bonnar said Toa showed no remorse for his offending as he continued to deny it, and the victim still blames herself in some way.

“This was not her fault, this was your fault,” he told Toa.

He noted the victim’s vulnerability as she was highly intoxicated and in no real position to resist Toa, as well as the difference in strength and size between the two.

The court also heard of Toa’s family violence incidents in May last year against his ex-partner while a protection order was in force against him.

These offences involved punching his ex-partner in the head multiple times and pulling her hair while his two-year-old daughter was present.

Judge Bonnar encouraged Toa to reflect on the impact his violence would have on his daughter, who began to scream while he punched his ex-partner.

“You committed these offences in front of your two-year-old child ... our children learn from us,” he told Toa.

Toa had 29 previous convictions, including violence against women, and reports provided to the court showed he showed no remorse or insight into his sexual offending.

The judge acknowledged Toa’s childhood and background may have contributed to him becoming the man he is today, but the offending was “grave and serious” and the community needed to be protected.

He sentenced Toa to eight years and 10 months’ imprisonment.

SEXUAL HARM

Where to get help:
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email [email protected]
• For more info or to web chat visit safetotalk.nz
Alternatively contact your local police station - click here for a list.
If you have been sexually assaulted, remember it's not your fault.

SUICIDE AND DEPRESSION

Where to get help:
• Lifeline: 0800 543 354 (available 24/7)
• Suicide Crisis Helpline: 0508 828 865 (0508 TAUTOKO (available 24/7)
• Youth services: (06) 3555 906
• Youthline: 0800 376 633
• What's Up: 0800 942 8787 (11am to11pm)
• Depression helpline: 0800 111 757 (available 24/7)
• Rainbow Youth: (09) 376 4155
• Helpline: 1737
If it is an emergency and you feel like you or someone else is at risk, call 111.

FAMILY VIOLENCE

How to get help: If you're in danger now: • Phone the police on 111 or ask neighbours or friends to ring for you.
• Run outside and head for where there are other people. Scream for help so your neighbours can hear you.
• Take the children with you. Don't stop to get anything else.
• If you are being abused, remember it's not your fault. Violence is never okay.
Where to go for help or more information:
• Women's Refuge: Crisis line - 0800 REFUGE or 0800 733 843 (available 24/7)
• Shine: Helpline - 0508 744 633 (available 24/7)
• It's Not Ok: Family violence information line - 0800 456 450
• Shakti: Specialist services for African, Asian and Middle Eastern women and children.
• Crisis line - 0800 742 584 (available 24/7)
• Ministry of Justice: For information on family violence
• Te Kupenga Whakaoti Mahi Patunga: National Network of Family Violence Services
• White Ribbon: Aiming to eliminate men's violence towards women.
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