The Star: November 19, 2020

Thursday November 19 2020 The Star
Latest Canterbury news at starnews.co.nz
NEWS 9
‘too dangerous’ for parole
Barbosa met the victim on a
dating app. After they chatted for
a while they agreed to meet. The
same day he raped her.
Barbosa denied two charges
of sexual violation and rape –
claiming he believed the woman
had consented – but was found
guilty by a jury after a trial in the
district court last year.
In December, Judge Raoul
Neave sentenced the rapist to
three years and four months’ jail.
He blasted Barbosa, saying the
woman saying no “ought to have
been enough.”
“You ought to have realised
that she simply was not consenting
to what you ultimately did,”
he said.
Judge Neave accepted Barbosa’s
claim that he “may have misread
the situation” and was “used
to dealing with” women who
“expressed themselves more
forcefully.”
“That does not excuse or condone
your behaviour,” he said.
“On one hand I have to balance
the fact that a young lady has
been subjected to a very difficult
and painful experience that has
left her with emotional scars …
but I am also highly conscious
that you too are a young man
whose life has been ruined and
who, I think, found yourself in
a situation which you just did
not properly understand,” he
reasoned.
A pre-sentence report suggested
a lack of remorse from the
convicted rapist.
That attitude was echoed by the
Parole Board when he became
eligible for consideration of an
early release from prison last
month.
“[Barbosa] was asked about
what he thought the impact of
his offending may have on his
victim,” Parole Board panel convener
Martha Coleman said.
“He proceeded to justify that
offending.
“He said that it had happened
only two months after his arrival.
He said that he did not understand
New Zealand culture and
misread the signals.
“While he accepted that she
said no, he said that her body
language told otherwise.”
Barbosa further told the
board that in Brazil “her
behaviour would mean
something different.”
When Barbosa is released –
either on parole or at the end of
his sentence in late December
2022 - he will go straight into the
custody of police or Immigration
New Zealand until he can be
deported.
Coleman said the board was
“very concerned” at the way Barbosa
spoke about the offending.
Barbosa was jailed - but still
does not believe he did anything
wrong.
“We were left with no confidence
that he really has accepted
that what he did was in any way
unlawful let alone wrong,” she
said.
“It left us with no confidence
that he would not be a risk to the
safety of young women in Brazil
were he to return.
“The board may not release
him until it can be satisfied that
he would not pose a risk to either
community.”
Coleman requested a psychological
assessment of Barbosa
to determine his risk level to be
completed for the board ahead of
his next hearing.
“Until the board has that assessment
we cannot be satisfied
that his risk is other than undue,”
she said.
Barbosa will stay in prison
until at least April, when his next
parole hearing is scheduled.
The woman he attacked spoke
to the Herald after the parole
decision was released.
She said it was “scary” to think
he could get out of prison and
offend again and was worried
women in his future would have
no idea of what he had done.
“If someone can spend a year
in prison and still not think they
have done anything wrong – why
wouldn’t they reoffend?” she said.
“He will eventually be leaving
to a different country and no one
there will know what has happened
and what he did.
“I just want people to know
what he did and that it’s not
okay.”
The victim initially did not
intend speaking with the Parole
Board before the hearing but she
was terrified Barbosa would be
released and get to stay in New
Zealand because of the Covid-19
pandemic, which has resulted
in strict restrictions on international
travel.
She feared his deportation
would be delayed and she might
see him again.
“It will be a huge relief when
he is deported but just because
he can’t hurt me again it doesn’t
mean that he can’t hurt anyone
else.
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