TODAY MAGNUS MEYER Hustveit got put in jail for the repeated rape and sexual assault of his former girlfriend.
Meyer Hustveit is going to jail almost seven months after his initial sentencing and four years after his initial confession to his ex partner.
Today the Court of Criminal Appeal said suspending the entire seven year sentence was legally in error and Magnus Meyer Husveit will now spend 15 months of that sentence in jail.
One of the issues raised about this case was the minimisation of crime and harm that started with Meyer Husveit himself.
He initially reasoned that because his partner was asleep his actions of raping her – even though he appeared to understand it to be rape – were ‘victimless’.
Explaining his actions in an email
Having identified his crimes he did not go willingly to the gardai. Instead, upon being pressed repeatedly by his then ex partner, he explained his actions in an email, rationalising his needs and his sense of entitlement.
He also attempted to lay the blame on his victim as if rape was his due because he was complying with her wishes for him to use less pornography.
Meyer Husveit also demonstrated a continued sense of entitlement when he put pressure on his ex partner to allow him to continue to minimise his crimes when he added in an email – “Now I’ve written this, you can have me prosecuted. I hope you won’t”. His later cooperation with the prosecution does not wipe his slate clean.
Niamh Ní Dhomhnaill took a stand for herself and all victims of sexual violence when she took on a culture of minimisation and stood firm, demanding justice.
The wholly suspended seven-year sentence in July 2015 and the last seven months have been an additional burden on her.
In that time she delivered clear, resilient and dignified challenge to both the justice she felt she had not received and the court of public opinion who debated the rights and wrongs of the case.
No victim should have to go through that.
Often in sexual violence we look for evidence of harm in the physical bruising and wounds inflicted and we neglect to understand sexual violence as a pernicious violation of trust, autonomy and dignity.
Unduly lenient sentence
The decision to suspend a sentence or part thereof involves layers of legal considerations which balance justice with mitigation with incentives to encourage better cooperation with the justice process.
Such encouragement may include incentives for those accused to plead guilty at an early stage in order to spare the victim the ordeal of a court case.
For the public and for victims understanding the justice in suspensions does not always match the legal or practical rationale. Immediately after the sentencing, the victim and many public commentators agreed that it did not look like justice to them.
The journey through the justice system can be a trying experience for a survivor.
For this reason all possible processes, practices and supports should be put in place to ensure that there is no undue delay in a sexual violence case.
Through Niamh’s actions and words, lessons will have been learnt and many will have gained a greater understanding and empathy for survivors of sexual violence.
For many survivors like Niamh, whose violation resulted in no physical injury, they fear minimisation, disbelief or perhaps even condemnation.
We believe Niamh Ní Dhomhnaill added greatly to a culture that understands that rape and its severity is about the inner wounds as much and perhaps even more so than it is about the visible scars.
Clíona Saidléar is the policy and communications director for the Rape Crisis Network Ireland.
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