23/04/2026
A police report in 2022. Once police started investigating they found out the man had conned two other s*x workers.
One was promised $2000 for unprotected s*x, providing she got a health check-up to confirm she was clear of s*xually transmitted diseases. She asked the man to do the same - but he sent her what turned out to be a fake test result.
The third woman was paid $1500 the first time she had s*x with the man. But the next time they met, the promised $2000 never showed up in her bank account.
As the case tracked through the court system, two charges of r**e were withdrawn before the man’s lawyer sought to dismiss the third.
Prosecutor Helen Brown had argued that consent must be full, voluntary, free and informed, and that the women would never have agreed to have s*x with the man if they knew he hadn’t paid.
The man’s lawyer, David Dickinson, said case law did not support the laying of the charge where consent had been obtained by fraud.
Judge Glubb dismissed the third r**e charge. In his judgment, he said the law needed to be changed before an act of fraud-affected consent could be considered.
He concluded that fraud of this nature was beyond the scope of section 128a of the Crimes Act, which details consent.
The man was sentenced in January to 10 months’ home detention and ordered to pay reparation for what Judge Glubb described as “cynical and deliberate” offending against vulnerable victims.
For Ruby, the dropping of the r**e charges was difficult to accept.
“Before even having those conversations I was googling ‘what is consent, what’s coercion, what’s grooming’, and all of those things pretty much described what had happened to me.
“Of all the laws that need to be changed, this one should probably be prioritised a little bit more.”
Aotearoa New Zealand S*x Workers’ Collective’s national coordinator Dame Catherine Healy is also calling for a law change to align with New South Wales and Victoria.
“It is a tremendously negative experience for a s*x worker when they go through this and it certainly feels like s*xual assault and r**e. The harm needs to be acknowledged and legislation can address some of that, just the absence of it, it’s really upsetting.”
Healy said most s*x workers would know someone who has not paid them for services and it was “really important” to report such offending to police.
“S*x workers would not agree to be having s*x without payment in these contexts. It’s a deliberate act. And it leaves s*x workers feeling that like they’ve been s*xually assaulted, something’s happened that’s terribly jarring.”
The Government’s Chief Victims Advisor, Ruth Money, said such offending is “abhorrent”.
Her advice to the Government is that “we need to make this relatively simple, but incredibly important change”.
“I don’t believe it would be a difficult change to make given we have coercion and stealthing as being illegal…we need to call it what it is, which is s*xual assault.”
Detective Sergeant Ilona Walton, who oversaw the case, said Ruby was the first victim to come forward and the others were identified through the police investigation.
“Police understand that this type of offending is likely very under-reported and there’s possibly lots more victims who for a variety of reasons choose not to come forward.”
At the man’s sentencing, it was revealed he had told a report writer that there were other victims.
Ruby encouraged them to make a police complaint.
“The more cases that are reported, the more pressure is put on the court system to do something about it, and this is a crime. It should be r**e, but it's not r**e, so just report it for whatever you can.”
S*xual violence: where to get help
R**e Crisis 0800 88 33 00, click link for local helplines.
Victim Support 0800 842 846.
Safetalk text 4334, phone 0800 044 334 webchat safetotalk.nz or email [email protected].
The Harbour Online support and information for people affected by s*xual abuse.
Women’s Refuge 0800 733 843
Male Survivors Aotearoa Helplines across NZ, click to find out more (males only).
If you or someone else is in immediate danger, call 111.
If you or someone you know is in a dangerous situation, click the Shielded icon at the bottom of this website to contact Women's Refuge in a safe and anonymous way without it being traced in your browser history. If you're in our app, visit the mobile website here to access Shielded.
https://www.stuff.co.nz/nz-news/360962930/he-faked-2000-payment-s*x-law-says-it-wasnt-r**e
Three women, fake payments and the case exposing a gap in New Zealand law.