As Wairarapa man Jareth Fittall prepared to start a prison term for rape today, his lawyer was putting the final touches to an appeal against his conviction.
In Wellington District Court this morning Judge Denys Barry jailed 23-year-old Fittall for two years and eight months.
Earlier in the lengthy sentencing procedure counsel Ken Daniels had signalled he would be filing papers with the Court of Appeal today, irrespective of the sentence handed down to his client.
The appeal would centre on the jury's verdict, he said.
When Judge Barry announced the prison term, Mr Daniels asked for bail until the outcome of the appeal but it was refused.
"The sentence should commence," said the judge.
"It is for this court to give effect to the jury's verdict in the form of the sentence now. This is serious offending."
Fittall, who wept uncontrollably when he was found guilty last November of raping his then girlfriend's best friend, was composed today. As at earlier court appearances, he slid a cane in front of him as he made his way to and from the dock.
Mr Daniels said his client's visual impairment had deteriorated to the extent that he had now been declared legally blind and his driver's licence revoked.
Since the rape on October 18, 2009, in the back of his car behind a rugby clubrooms in Masterton, Fittall, who comes from Pahiatua, had been on bail.
Judge Barry said the facts of the case were accepted as unique by both the Crown and defence. Around October 2009, Fittall and his 16-year-old victim met through a mutual friend, his then-girlfriend who was the best friend of the rape complainant.
The teenager, a virgin, and the then 22-year-old "became involved in a relationship of sorts for a month or so". It was her first proper boyfriend and she was flattered.
In the days leading up to October 18, said the judge, there was "a voluminous body of text traffic" between the pair. It recorded the disparity in the relationship - his pressure on her to have sex and her reluctance.
Fittall had promised to marry the victim, who was trusting and naïve. Her texts asked if she could wear a ring she had at home "on my wedding finger to show I am engaged", plus "Can I tell people we are engaged?"
At 7.42am on October 18 Fittall messaged her: "Can we go somewhere and have quick sex, hun?"
The following "frenetic pace" of text communication showed up his manipulation and veiled threats, the judge said.
To a question over when Fittall was going to finish his involvement with her friend he replied: "After you stay the night with me, ok?" In another text he said she would do so if she loved him and wanted to marry him.
The complainant declared that the relationship was over and he responded that she was not getting money or phone top-ups from him, nor "the ring I got you. Your loss".
Despite expressing reluctance, uncertainty and fear, the victim finally agreed to meet Fittall believing they were going to talk and perhaps kiss and cuddle.
Later that afternoon, he drove her to Masterton and parked the car. Some sexual activity took place in the back seat. When she told him to stop, Fittall persisted, later suggesting she get a "morning after pill".
Judge Barry said the basis of the jury's verdict was not completely clear but the case was at the lower end in the spectrum of sexual violation by rape. He was basing his sentencing on the scenario most favourable to Fittall, which was that he failed to comply with the victim's withdrawal of consent.
Despite his personality and psychological frailties, Fittall did not have a mental disorder and his health problems could be catered for in jail.
The judge gave credit to Fittall for having sought relationship and violence counselling, plus help for alcohol and cannabis abuse.
Since being charged with rape, Fittall married another young woman who accompanied him to - and comforted him at - earlier court appearances.
