Jail for cemetery rapist

01:44, Aug 11 2014

A man who brutally beat and raped a woman in a central Auckland cemetery has been jailed for nine years.

Viktor Mykhailov, 28, a chef at Sky City, appeared for sentence in the Auckland District Court today after pleading guilty to two counts of sexual violation and one count of injuring with intent to facilitate sexual violation.

Judge Philippa Cunningham said Mykhailov was on Auckland's Karangahape Rd between 3.26am and 4.10am on March 15.

He walked the length of  the road three times before he found a sex worker on the corner of Liverpool St.

The woman agreed to oral sex and Mykhailov led her into the near-by Symonds Street cemetery.

Mykhailov went ahead and the woman lost sight of him in the dark cemetery.

Feeling uneasy, the woman called out that she was going to leave. As she walked out, Mykhailov ambushed her, grabbing her by the hair and dragging her deeper into the cemetery.

He repeatedly punched her about the face and the assault intensified when she could not comply with the instructions he gave her in his broken English.

The judge said the victim suffered a broken nose that left a visible scar, a broken eye socket and multiple cuts and deep bruises across her back and body.

After the initial assault the woman was made to perform oral sex and then she was raped with the blows continuing the entire time.

Mykhailov left the woman in the cemetery and she ran bloodied and naked across the road to the Langham Hotel where staff called police.

The judge said the impact of the offending on the victim had been "huge".

She was undergoing plastic surgery for her nose and was on pain medication. She had developed trust issues and no longer felt comfortable around people.

"The fact that she has scars on her face will mean every time she looks in the mirror she will remember," the judge said.

After he was located, Mykhailov told police someone gave him an alcoholic drink on the street and he did not remember much after that.

Judge Cunningham said there had been no evidence of that from extensive CCTV footage of Mykhailov on Karangahape Rd and "it just sounds unlikely, doesn't it?"

The judge said it was "most unusual" to have a first offence that was so serious.

"I don' t think I've ever seen anything like it before."

Judge Cunningham said she could not take walking the length of Karangahape Rd three times as evidence of pre-meditation of the rape as Mykhailov could have also just been looking for a prostitute to hire.

Defence lawyer Steve Bonnar said it appeared the attack was opportunistic.

Bonnar said it was "a nasty attack" but it was so "remarkably out of character" that it was "inexplicable".

Mykhailov asked to address the court and through an interpreter said: "I sincerely regret what I have done.

"I regret the physical and psychological impact on the victim. I know it will be very hard for my victim to move on and forget what happened. It will be even harder fro me to realise what I have done. I apologise one more time."

Mykhailov's sister, who sat weeping in the public gallery, indicated she would be able to offer $5000 as an emotional harm reparation.

Bonnar said it seemed "almost inevitable" that Mykhailov would be deported to Ukraine once he was released.

Judge Cunningham ordered the $5000 reparation and jailed Mykhailov for nine years.