Incest name suppression battle

Last updated 09:28 23/07/2012

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A woman raped by the adult son she adopted out as a child has asked the courts to reveal his name, even though it could identify her.

The 29-year-old man, who was sentenced to five years and nine months in prison on Tuesday, was convicted of assaulting and raping his biological mother some months after he tracked her down to ask questions about his parentage last year.

But rather than multiple rapes, he was convicted on nine counts of incest after the jury found the sexual relationship they embarked on was consensual to begin with.

He made contact on Mother's Day, moved in with her a few weeks later, and soon began a relationship with the woman, who was separated from her husband at the time.

The man has had name suppression to protect her identity, but at sentencing, Crown prosecutors said she waived the protection granted under legislation that ensures the privacy of sex case victims.

Prosecutor Gareth Kayes said the woman did not care that she might be identified, and wanted her son named under his adopted name.

His new family is fighting to keep his name suppressed.

His adoptive mother made a plea to the court, saying her son was ''a good man'', and naming him would serve no purpose.

She said there was some self-interest attached.

''I don't want to see our good name out there.'' But she also said family members would be affected.

Judge Claire Ryan adjourned the request for permanent suppression so more information on the effect on the convicted man's mental state could be presented.

The man's trial in Auckland District Court in May was harrowing. Jurors were shown evidence, and the woman broke down repeatedly giving her testimony, and at times ran from the court.

She said she was ''doing what she was told to do'', which included ''performing like a porn star''.

Adopted family squared off against biological family, with the man's adoptive mother telling the court the woman had told her the relationship was consensual.  The jury did not accept the woman was being forced, and found the man guilty of incest rather than rape.

While he was found guilty of one representative charge of rape later in their relationship, he was found not guilty of all the specific-incident rape charges and other representative sex charges.

The defence has indicated it will appeal on the inconsistency of the verdicts.

The violence charges included kicking and punching the woman in the face.

Judge Ryan said the woman remained in fear of her son and still suffered from flashbacks. She said both parties were vulnerable - the son from distress about his heritage, and the woman from guilt over adopting him out.

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''Unfortunately these were matters you resolved by entering into a relationship.''

- © Fairfax NZ News

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