A Dunedin businessman has been jailed for five years for repeatedly raping a woman, leaving her feeling “less than human”. Robert Anthony Scott, 69, appeared in the Dunedin District Court on Monday after a jury found him guilty of three charges of rape, sexual violation by unlawful sexual connection, indecent assault and assaulting a female. Yesterday, Judge Kate Davenport, KC, referenced a letter the defendant wrote voicing his displeasure at the conditions behind bars and seeking home detention. Scott was acquitted of two further charges of rape, two other charges of assaulting a female and a charge of indecent assault. Another rape charge was dismissed at trial. Scott continues to deny the offending and plans to appeal his convictions. He remained convinced the victim was “making up as much stuff as she could” to make him “look like s . . . ”. At a trial in June, the defendant argued he never physically assaulted the victim and claimed any sexual activity with her was consensual. The Crown showed the jury two videos taken by the victim. One depicted Scott raping the woman while she said ‘‘please, I can’t breathe’’ and ‘‘ouch, you’re hurting me’’. The other showed the defendant indecently assaulting the woman before calling her a ‘‘f . . . . . . whingy bitch’’. Defence counsel Fiona Guy Kidd, KC, argued the victim’s behaviour in the videos was ‘‘not genuine’’ and accused her of ‘‘roleplaying’’ and ‘‘acting’’. The complaints were ‘‘motivated by anger’’ and the footage was part of a ‘‘long-term plan to extort’’ him, the lawyer said. The jury rejected that and found the defendant guilty of both crimes captured on video. Scott was also found guilty of assaulting the woman, by grabbing her face and kicking her legs in an angry outburst, and forcing her to continue performing a sex act on him while in a car. Charging documents listed the defendant as a property developer. He holds shares in car sales yard Scott’s Auto Sales and the Dunedin Casino, according to the Companies Office. In a statement to the court, the victim detailed the “deep and lasting devastation” the offending caused. She did not tell anyone for years, terrified that she “would not be believed”, or that she “would be judged”. “I forced myself to appear strong and act as if I was completely fine. I suppressed the pain … convincing myself that I could overcome it.” Since the offending, she experienced panic attacks and felt “constant anxiety, shame and self doubt”, she said. “He stripped away my dignity until I felt less than human. “I was a genuinely happy, bubbly, confident and independent person. I loved who I was and I lived my life freely,” she said. “That version of myself has been entirely taken from me, replaced with someone I barely recognise.” Making a complaint and going through the court process had been difficult, but she had followed through with it because she could not bear the thought of something similar happening to another person, she said. “I hope that speaking out may help prevent further harm to others. “Being believed helped restore my voice and gave me strength to continue.” Ms Guy Kidd said a sentence of imprisonment would “weigh heavily” on Scott given his age and health issues. She highlighted the defendant’s prior good character, saying he had made a “significant contribution to his community, including saving three lives”. “Mr Scott has had over 60 years of good character before this offending,” she said. “It’s a lifetime of good character.” Scott’s communication issues were also raised, including the possibility of him being on the autism spectrum. Judge Davenport took into account the defendant’s volunteer work at the Surf Life Saving Club and a motor racing event he ran at Kaitangata, named after his father. She accepted the defendant had some health issues, but said they could be managed within the prison. “You have some health issues, which we heard at trial, but you also went to the gym every day and ran your farmlet,” she said. “You lived a full and vigorous life up until these charges.” The court heard the defendant was assessed as having some difficulties reading facial expressions and understanding longer sentences. Scott wrote the judge a letter about how awful prison was and asked her to impose home detention. “This is a consequence of your offending,” Judge Davenport said. “I know that you deny these events, Mr Scott, but I urge you to think about what [the victim] has said and your reactions in the videos.” Judge Davenport sentenced Scott to five years’ imprisonment. A member of the defendant’s family yelled out “love you” and he waved to them as he was led to the cells. felicity.dear@odt.co.nz
