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Rape (x2), unlawful detainment for sex, sexual violation by digital/genital connection and indecent assault, relating to a 16 year old Wellington girl and a handicapped woman in August 2005
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none known
Born 1967
Corrections facility
Sentenced to twelve years in November 2005
Background
Supreme Court decision here (PDF)
DOMINION POST, 30th November 2005
A FORMER Wellington restaurant manager has been jailed for 12 years for two rapes within a month.
Mustafa Can, 38, of Newtown, had been found guilty by a jury of two charges of rape, one of abduction, indecent assault and sexual violation by unlawful sexual connection. Wellington District Court judge Bridget Mackintosh yesterday told him that he had picked on the vulnerable. He had raped one while on bail for the rape of the other. She suppressed the name of the restaurant, which is now being run by Can's brothers.
Judge Mackintosh said that on August 2 Can had seen a 16-year- old girl outside the restaurant in inner-city Wellington and went out to talk to her. He had taken her back inside and into the kitchen where he began kissing her and asking her to be his girlfriend. After being disturbed in the kitchen several times, he took her into the toilet, locked the door and raped her. Can was charged and freed on bail, and on August 30 he met a handicapped woman at a bar and took her to the public toilets near the Wellington waterfront lagoon, where he raped her. The nature of the woman's handicap is suppressed.
The judge said Can was adamant both women had consented and showed no remorse. Can was well regarded by most who knew him, the judge said. He had come to New Zealand from Turkey in 1992, set up a business to support his family and was considered a good member of the Muslim and Turkish communities. Judge Mackintosh said Can appeared to have taken advantage of opportunities after identifying each of his victims as vulnerable. She said both had been profoundly affected.
The judge said it was not a case of whether Can should go to prison, but for how long. Defence lawyer Val Nisbet said Can's view of the case remained unchanged and he had some concern that his client had suffered some sort of breakdown at the time of the offending. He said his loss was a tragedy to his family who considered his offending out of character. Can no longer had any interest in the restaurant, Mr Nisbet said.