Warning: This article discusses sexual assault and may be distressing for some readers. 

A 23-year-old Chilean tourist has been left with “enduring and significant” psychological trauma after she was sexually assaulted in broad daylight near the Auckland Botanic Gardens in Manurewa.

Emery Woods, the man who committed the attack, was sentenced to four years and 10 months in prison at the Manukau District Court today after he was convicted of indecent assault and unlawful sexual connection for his offending against the woman.

The university student was visiting her sister in Aotearoa last January when Woods, then 27, approached her while she was walking the Puhinui Forest Trail.

According to the summary of facts, Woods greeted the woman at a viewing point and reached out to shake her hand and kiss her cheek, claiming to her it was a normal greeting in Aotearoa.

After she declined the contact and began walking away from the lookout he pulled out a box cutter and dragged her into the forest while she screamed for help.

He proceeded to sexually assault her as she struggled against him and cried out for help.

A woman was walking the Puhinui Forrest Trail, which runs from Tōtara Park in South Auckland, when she was sexually assaulted. Photo / Google

Woods then fled on foot and police undertook a manhunt to find him.

In her victim impact statement, read in the Manukau District Court by prosecutor Anna Devathasan, the survivor said while the physical wounds have healed, she still faces “overwhelming emotional challenges”.

Devathasan told the court the survivor now has a phobia of sharp knives and touches the area on her neck where she was wounded whenever she sees one.

The woman, who has automatic name suppression as a victim of sexual violence, also wrote of her struggles to have positive relationships with men since the attack.

Woods’ lawyer, Maria Mortimer, said her client accepted how terrible the attack was for the victim.

Although Woods did not want to minimise the impact on her, Mortimer said he would have difficulty with the events of that day for the rest of his life.

Woods also opposed a media application from the Herald to photograph her client, citing his distinctive facial tattoo and claims there was “no public interest” in its publication.

Woods’ face was largely covered in court today as he wore a face mask and a large bandaid over his left eyebrow, which appeared to be placed over a tattoo. No supporters were present during his hearing.

Emery Woods appears in for sentencing at the Manukau District Court on charges of sexually assaulting a tourist at Totara Park. Photo / Jason Oxenham

Judge Nick Webby disagreed with Mortimer’s claims there was no public interest, and told the court Woods’ actions were serious offending against a visitor, and there was very strong public interest.

He said the unlawful sexual violation charge carries a maximum penalty of 20 years’ imprisonment and the representative charge of indecent assault held a maximum of seven years in prison.

Judge Webby said he considered the offending serious for several reasons and pointed to aggravating factors including Woods’ use of violence “above and beyond” what was inherent with sexual offending, the use of a weapon to control her, the victim’s vulnerability as a tourist and the offending being premeditated.

“Her victim impact statement, which has been read out to you today, outlines the enduring and significant psychological trauma she has endured.”

He adopted a starting point of nine years’ imprisonment and gave Woods reductions for his guilty plea, rehabilitation efforts, the contents of a section 27 report and a five-month discount for the impact a long sentence would have on his children, as well as his remorse.

This resulted in a sentence of four years and 10 months for the sexual violation charge and three years for the indecent assault charge.

The sentences will be served concurrently and no minimum period of imprisonment was entered.

Katie Harris is an Auckland-based journalist who covers social issues including sexual assault, workplace misconduct, crime and justice. She joined the Herald in 2020. 

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.