A rape survivor advocate believes a talented student at a top Auckland school who had sex with her teacher would have been “unable to say no” because of the inherent power imbalance and “coercive” nature of the relationship. 

Sexual violence campaigner Louise Nicholas says she is disappointed police did not charge the man - former head of music at Epsom Girls Grammar School (Eggs), Peter Thomas - who is also a former conductor with the Auckland Symphony Orchestra. 

Though the girl had a video interview in 2020 after contacting police about the sexual relationship, investigators did not commence a prosecution because she was over 16 and had “consented”. 

Nicholas questions whether the teenager could have given informed consent, given her age and the teacher’s position of authority. 

“I think there was a stage of grooming when she was younger and he just slowly brought in the sexual activity that he wanted.” 

Nicholas said that, in her opinion: “He’s groomed her to the point where she was unable to say no.” 

Retired law professor Bill Hodge said he understood the criticisms but also has some sympathy for police. 

While Thomas’ actions were undoubtedly a violation of his professional responsibilities and ethics, police needed to prove beyond reasonable doubt that the girl’s consent had not been voluntary. This was a significant hurdle to reach without corroborating evidence, Hodge said. 

“The law is the law. Sixteen is the age that’s lawful. Without greater evidence, it’s a little hard for the police. 

“If she felt she could not say no, well why not? What are the facts?” 

• Top Auckland school responds to revelations former music teacher had sex with student
• Teacher struck off after sex with student at top school, loses secrecy battle

Former Epsom Girls Grammar School music teacher Peter Thomas has been censured and struck off for having sex with a student. 

Thomas was censured and struck off by the Teaching Council’s Disciplinary Tribunal last year and was finally named on Saturday following a protracted suppression fight. 

Details from the disciplinary finding - revealed in a High Court decision - show the girl excelled at music and was part of the school orchestra, which Thomas conducted. 

He would sign the girl out from class so they could meet in the school music library where he initiated hugging, kissing and sexual touching. 

Sexual conduct between the pair increased in term 4 of 2019, with Thomas attempting unsuccessfully to have sexual intercourse with the girl, according to the finding. 

In November that year, he “prevailed on [the student] to have sex with him, which ... was painful but to which she felt she could not say no”. 

The school was alerted to the allegations by Facebook messages between the student and a friend. 

Thomas became angry, telling her to say “she had been lying and he had not done anything with her”, and asking her “to think about him and his job”. 

When asked about the messages at a school meeting, the student said the allegation was untrue. 

Besides asking the student to confirm this in writing, the school took no further action, the finding says. The pair’s relationship continued into the next year after she graduated until she reported it to her parent, police and the school. 

Victims' advocate Louise Nicholas is questioning why police did not charge music teacher Peter Thomas after he had sex with a Epsom Girls Grammar School student. 

Nicholas said there appeared to be a form of “coercive control” over the girl. 

“It sounds like she didn’t really want this stuff to happen.” In Nicholas’ opinion, “it was forced on her”. 

Nicholas was confused about why police did not prosecute Thomas. While he had been struck off, he could still travel overseas and continue teaching. 

The police decision sent the wrong message to victims of sexual assault, Nicholas believed, “especially for our young ones. Too scared to say no - who do you turn to? This is a teacher, someone that she’s looked up to that has done so much for her in her music career.” 

The fact she eventually alerted her family and police to the sexual relationship after graduating from the school showed she was “finally able to get away from him”, Nicholas believed. 

Women’s Refuge national collective CEO Dr Ang Jury said while the teacher’s behaviour was “morally wrong”, police had to consider the likelihood of securing a conviction against the Solicitor-General’s prosecution guidelines. 

“I’m just pleased to see him exposed and unable to be in the proximity of vulnerable young women again. Consent or not, that’s what she was. 

“The age and the power associated with his role as a teacher really make any question of consent ridiculous, in my opinion.” 

Retired law professor Bill Hodge says police would have to prove beyond reasonable doubt that consent was not given voluntarily. Photo / NZME 

Hodge said that while Thomas hadn’t faced criminal charges, he had suffered serious consequences as a result of his actions. He had lost his career and been named by national media. 

But there was a “huge gap” between the violation of professional and moral standards, and police securing a conviction under the Crimes Act that carried up to 20 years in jail, Hodge said. 

Eggs principal Brenda McNaughton defended the school’s handling of the case in an email to parents this week. 

McNaughton said as soon as the school was made aware of “verified allegations” against Thomas, “immediate action was taken and he has not attended or taught at Epsom Girls Grammar School since”. 

An Auckland Symphony Orchestra spokeswoman said Thomas last conducted the orchestra in June 2021. 

“He resigned in August 2021 and has not been engaged by the ASO since. The ASO was appalled to read of Thomas’ behaviour and our thoughts are with the student affected.” 

NZ Police were contacted earlier this week for comment for this article but did not respond in time for publication.