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escalating violence in our community
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Sensible Sentencing Trust
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Rape of a Rotorua woman in November 1999 during a home invasion
Also committed another rape in Wellington in the early 90's
Has 90 plus other convictions including other sex crimes
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none known
Born 1959
Prison
Sentenced to 16 years with a parole eligibility after 10 years in March 2001
Released July 2010
Reoffended twice on parole, back inside
Background
From the Sunday Star Times 4th March 2001
A man who raped a woman while on parole for another rape is a serial offender whose next step will be murder, says his second victim. The woman says her attacker should never go free. James Timi Martin was sentenced to 16 years imprisonment in the Rotorua District Court last week for raping the woman in November 1999. Martin, who has 91 convictions, was sentenced to 12 years in prison - reduced to 10 on appeal - for raping another woman in 1990. He served seven years before being released and was on parole when he committed the second rape.
The Crown sought preventive detention for Martin, a move his second victim supported. But when sentencing him to 16 years, Justice Judith Potter said if he appeared before the court on serious violent charges in the future, he would face a sentence of preventive detention. Martin had continued to minimise his offending and showed no remorse for his victims, Justice Potter said.
That observation shocked his latest victim, whose life has been turned upside down since she was raped. The woman, who wants to be known as Casey, said she believes Martin is a serial rapist with the potential to kill. "I think he is capable of the violence that could murder a woman. I don't think he should ever get out, because who is he going to do it to next?" she said.
Police, who also regarded Martin as having the capacity to re-offend and kill, are now seeking to re-examine Martin's blood samples to see if they match any unsolved crimes. On hearing of the 16 year penalty - longer than that imposed on some murderers - Casey was relieved. But her relief was short-lived. "I thought : does that mean he'll get out in eight?"
Martin's first rape offence was described by appeal court judges as "a truly wicked crime". His victim had been subjected to a brutal and sustained sexual attack by him after being severely beaten and robbed by another trio. As she lay dazed and terrified in a Wellington street, Martin approached her and offered to take her to the police. Instead he took her to a deserted carpark where he raped her.