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A man who abused his role as a part-time special needs caregiver, repeatedly coercing a teen with intellectual disabilities to engage in sexual contact with him, has lost his bids for a non-custodial sentence and permanent name suppression. “The public have a right to know of these matters,” Judge Stephen Bonnar told Silverdale resident Zeak William Smith as the 25-year-old appeared in Auckland District Court for sentencing on Thursday. He ordered a sentence of four years and four months’ imprisonment. It’s important to other parents of special needs children that the behaviour is exposed and denounced, the Crown had earlier argued. “His offending was committed in the context of an informal [employment] agreement,” prosecutor Helen Brown said. “This may not be the only work he’s done with vulnerable people.” And if he wasn’t named, it might not be his last time he does so, she argued. ‘Significant power imbalance’ Smith was arrested in October 2024, one month after the then 16-year-old victim went to her school nurse seeking advice because she was worried about pregnancy. She had a lowered curriculum at the school and wasn’t required to take tests because of her foetal alcohol spectrum disorder, ADHD and autism diagnoses. Her disabilities resulted in impaired adaptive and executive functioning, according to court documents. “There is a marked disparity between her intellectual and practical skills,” the summary of facts for Smith’s case states. “She requires support to complete many tasks of daily living, including self-care. She requires supervision in everyday situations where there is a heightened risk of harm (such as while cooking, using fire or when going out in public).” Smith was hired by the victim’s mother in June 2023 to pick her up from school one day a week and to spend one day over the weekend with her – taking her on outings, teaching her life skills and assisting her with daily activities such as catching the bus. The mother explained to Smith the teen’s diagnosis and mental age, as well as the girl’s understanding of boundaries and the “no touch zone”. “[Her] disorders increase her vulnerability to sexual exploitation and victimisation,” court documents state. “That is particularly the case in sexual situations where the other party is significantly older than her, significantly more intelligent than her, significantly physically stronger than her, has a legitimate right to advise or instruct her, or provide/prevent her access to money or other tangible rewards. “She has a significant impairment which can seriously impair her ability to communicate decisions about sexual conduct should she be in a situation of a significant power imbalance.” ‘They wouldn’t understand’ But Smith appeared to take the advice about the teen’s disabilities as a roadmap for how to exploit her, authorities suggested. “Mr Smith frequently used the times he was caring for [the teen] to establish an inappropriate relationship with her, in order to facilitate future sexual contact with her,” court documents state. He would sometimes park with her at a secluded location and offer to massage her – groaning, breathing heavily and, on one occasion, sticking his finger in her mouth. On other occasions, he had her sit on his lap at a public pool and in her parents’ spa pool. Auckland resident Zeak Smith was convicted of sexually abusing an intellectually disabled teen whom he had been hired to spend time with two days a week. Photo / Supplied He described to her his interest in bondage. Smith also told the teen he cared for her, even though he was dating another person at the time. “They don’t know the situation,” Smith told the teen when she asked him what would happen if their interactions were discovered. “You’re young, you’re curious. They wouldn’t understand.” ‘This is a secret’ Court documents outline multiple incidents in which Smith touched the girl inappropriately while they were alone, including while watching movies in the...
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