23 Jun 2019

Rapist loses appeal against deportation to Philippines

2:59 pm on 23 June 2019

A man who raped a homestay student has lost an appeal against deportation.

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Photo: RNZ / Dan Cook

Narciso Jimenez, from the Philippines, was jailed for more than seven years for the attacks.

The immigration and protection tribunal heard Jimenez raped a 20-year-old foreign student in 2016, while his family slept.

During the following days, he indecently assaulted her and raped her again.

The 43-year-old, who became a New Zealand resident in 2008, denied all the charges at trial, although he later expressed remorse for what he had done.

He said it was in the best interests of his wife and three children, who he spoke with daily from jail, that he stay and argued it would be unduly harsh to deport him.

The tribunal refused his appeal in a recently released decision, and he will be deported at the end of his jail sentence.

But it lifted a ban on him visiting New Zealand in the future.

When he was jailed in 2017, the judge said the victim was particularly vulnerable as a foreign student with very little or no English.

"There was a breach of trust, you were her homestay father, she was entitled to expect that you would not sexually assault her in the way that you did and that you would protect her," the judge said.

"There were a number of assaults ... over a period of three days. Unprotected sexual intercourse, other violations and indecent assaults."