Apisai Moala Nau
Mr Nau now appears for sentence today having been found guilty by a jury of a number of sexual offences, all in relation to his niece, who is the daughter of his wife’s sister.
 There were six counts in the indictment. Mr Nau was found guilty on five counts and there was no verdict in respect of count 6.
 Count 1 was doing an indecent act on a person under 16, namely touching her breasts over her clothing. That was a representative charge, as was count 2, which touching and sucking her breasts under her clothing.
 Count 3 was a representative charge of touching her genitalia. Count 4 was sexual violation, namely introduction of his finger into her genitalia. Count 5 was a specific single count in relation to oral connection between Mr Nau’s mouth and her genitalia.
 The complainant went to stay with Mr Nau’s family for the school holidays in September 2007. She was there a little over two weeks and all of this offending happened in that two week period.
 She gave evidence that it started with the touching of her breasts over her clothes and she said that within three days there was touching inside her clothes. She described how that turned into hard rubbing and pinching of her nipple area, and that within a week Mr Nau was putting his hands inside her pants and touching her genital area.
 She gave evidence that he put his finger inside her vagina and described how it was really sore the first time that he did it. There is some dispute about how many times that happened. I have recorded that the complainant said it happened five or six times. Mr Cato thought it might have been less than that but he accepted that it was at least three, and that there was the licking of her genital area on one occasion.
 I know that Mr Nau does not accept the offending and nor does his wife, who is present in Court today. What I can say is that having done a number of these trials that the conduct that this young woman described when she was 13, is typical of this type of offending and I say that because it got progressively more serious. It is a typical pattern of child sexual abuse. That certainly is one factor that made me believe that what she was saying was true.
 Another was that she struggled at times to find words for the various parts of her body that were touched. If a child of that age cannot find the words to describe the parts of her body that were touched, how on earth could she make it up.
 She described that these things happened when her aunt, her mother’s sister, was out of the house. She said that this was either when her aunt was at church or had gone to the shop, or was even doing something outside the house like hanging out the washing.
 She also described that it happened when she was asleep. She would be woken and touched in this way by Mr Nau. The impression that I was left with was that Mr Nau simply could not stop once he had started and, as I say, it was getting progressively worse. It did not get any worse simply because the school holidays came to an end.
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Three Strikes Status
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