Pitcairn Sexual Assault Trial Of 2004
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In the Pitcairn sexual assault trial of 2004 seven men living on
Pitcairn Island Pitcairn Island is the only inhabited island of the Pitcairn Islands, of which many inhabitants are descendants of mutineers of HMS ''Bounty''. Geography The island is of volcanic origin, with a rugged cliff coastline. Unlike many other ...
faced 55 charges relating to sexual offences against children and young people. The accused represented a third of the island's male population and included
Steve Christian Steven Raymond Christian (born 26 June 1951, Pitcairn Island) is a politician, convicted sex offender and child rapist from the Pitcairn Islands. He was mayor of the islands from 1999 until 2004, when he was removed from office after being fo ...
, the
mayor In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well a ...
. On 24 October, all but one of the defendants were found guilty on at least some of the charges. Another six men living abroad, including
Shawn Christian Shawn Patrick Christian (born December 18, 1965) is an American television and film actor. Life and career After graduating from Ferris State University in Big Rapids, Michigan in 1989 with a degree in marketing, he moved to Chicago to purs ...
, who later served as mayor of Pitcairn, were tried on 41 charges in a separate trial in
Auckland Auckland (pronounced ) ( mi, Tāmaki Makaurau) is a large metropolitan city in the North Island of New Zealand. The List of New Zealand urban areas by population, most populous urban area in the country and the List of cities in Oceania by po ...
,
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
, in 2005. The trial was repeatedly punctuated by legal challenges from island residents, who denied the island's colonial status, and with it the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
's judicial authority. Defence lawyers for the seven accused men claimed that British sovereignty over the islands was unconstitutional: HMS ''Bounty'' mutineers, from whom almost all of the current island population is descended (together with Polynesians), had effectively renounced their British citizenship by committing a capital offence in the burning of the ''Bounty'' in 1790, they said. According to the
Public Defender A public defender is a lawyer appointed to represent people who otherwise cannot reasonably afford to hire a lawyer to defend themselves in a trial. Several countries provide people with public defenders, including the UK, Hungary and Singapore, ...
of the Pitcairn Islands
Paul Dacre Paul Michael Dacre (; born 14 November 1948) is an English journalist and the former long-serving editor of the British right-wing tabloid the '' Daily Mail''. He is also editor-in-chief of DMG Media, which publishes the ''Daily Mail'', ''The ...
(who was appointed in 2003), islanders still celebrated this act annually by burning an effigy of the ''Bounty'' in a symbolic rejection of British rule. The defence maintained that the UK never made a ''formal'' claim to Pitcairn, and never officially informed the islanders that British legislation, such as the
Sexual Offences Act 1956 The Sexual Offences Act 1956 (4 & 5 Eliz.2 c.69) is an Act of the Parliament of the United Kingdom that consolidated the English criminal law relating to sexual offences between 1957 and 2004. It was mostly repealed (from 1 May 2004) by the Sex ...
,Although the
Sexual Offences Act 2003 The Sexual Offences Act 2003 (c. 42) is an Act of the Parliament of the United Kingdom. It partly replaced the Sexual Offences Act 1956 with more specific and explicit wording. It also created several new offences such as non-consensual voyeur ...
had come into force on 1 May, the allegations were in respect of conduct before then, meaning the earlier Act applied. See
Ex post facto law An ''ex post facto'' law (from ) is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may Criminalization, crim ...
.
was applicable to them. In a judgment delivered on 18 April 2004, the
Pitcairn Supreme Court The Pitcairn Supreme Court is the supreme court of the Pitcairn Islands, a British Overseas Territory. It is a superior court of record. Provisions for a supreme court were set out in amendments to the Old Constitution Order in the 1990s. The ...
(specially established for the purpose of the trial, consisting of New Zealand judges authorised by the British government) rejected the claim that Pitcairn was not British territory. This decision was upheld in August 2004 by the Pitcairn Court of Appeal, endorsing the claim of Deputy Governor
Matthew Forbes Matthew may refer to: * Matthew (given name) * Matthew (surname) * ''Matthew'' (ship), the replica of the ship sailed by John Cabot in 1497 * ''Matthew'' (album), a 2000 album by rapper Kool Keith * Matthew (elm cultivar), a cultivar of the Ch ...
that Pitcairn was British territory. A delay of the trial until the United Kingdom's
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
(JCPC) decided on an additional appeal was rejected. The trial started on 30 September 2004. Verdicts were delivered on 24 October 2004, with all but one of the defendants convicted on at least some of the charges they were facing. Those found guilty were sentenced on 29 October 2004.


Historical background

The remoteness of Pitcairn (which lies about halfway between New Zealand and
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) had shielded the tiny population (47 in 2004) from outside scrutiny. The islanders had for many decades tolerated what others classify as sexual
promiscuity Promiscuity is the practice of engaging in sexual activity frequently with different Sexual partner, partners or being indiscriminate in the choice of sexual partners. The term can carry a moral judgment. A common example of behavior viewed as pro ...
, even among the very young, claimed to be in line with traditional values of their Polynesian ancestors. This included a corresponding tacit acceptance of behaviour which in the UK would be considered
child sexual abuse Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whet ...
. Three cases of imprisonment for sex with underage girls were reported in the 1950s."Island of shame", Claire Harvey, ''The Mercury'', 28 October 2004 In 1999 Gail Cox, a police officer from
Kent Kent is a county in South East England and one of the home counties. It borders Greater London to the north-west, Surrey to the west and East Sussex to the south-west, and Essex to the north across the estuary of the River Thames; it faces ...
, UK serving a temporary assignment on Pitcairn, began uncovering allegations of sexual abuse. When a 15-year-old girl decided to press
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
charges in 1999, criminal proceedings (code-named "Operation Unique") were set in motion. The charges include 21 counts of
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
, 41 of
indecent assault Indecent assault is an offence of aggravated assault in some common law-based jurisdictions. It is characterised as a sex crime and has significant overlap with offences referred to as sexual assault. England and Wales Indecent assault was a broad ...
, and two of gross indecency with a child under 14. Over the following two years, police officers in
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, New Zealand, and the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
interviewed every woman who had lived on Pitcairn in the past 20 years, as well as all of the accused men. Pitcairn Public Prosecutor Simon Moore (an Auckland Crown Solicitor who was the first lawyer appointed to the position by the British government for the purposes of the investigation) held the file.
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
n
Seventh-day Adventist The Seventh-day Adventist Church is an Adventism, Adventist Protestantism, Protestant Christian denomination which is distinguished by its observance of Saturday, the Names of the days of the week#Numbered days of the week, seventh day of the ...
pastor Neville Tosen, who spent two years on Pitcairn around the turn of the millennium, said that on his arrival, he had been taken aback by the conduct of the children. But he had not immediately realised what was happening. "I noticed worrying signs such as inexplicable mood swings," he said. "It took me three months to realise they were being abused." Tosen tried to bring the matter before the Island Council (the legislative body which doubles as the island's court), but was rebuffed. One Councillor,
Tom Christian Tom Christian MBE (1 November 1935 – 7 July 2013) was a citizen of Pitcairn Island, and was its long-serving radio operator. During his lifetime, Christian was profiled in a number of publications, including '' National Geographic'' and '' ...
, told him, "Look, the
age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...
has always been twelve and it doesn't hurt them." A study of island records confirmed anecdotal evidence that most girls bore their first child between the ages of 12 and 15. "I think the girls were conditioned to accept that it was a man's world and once they turned 12, they were eligible," Tosen said. Mothers and grandmothers were resigned to the situation, telling him that their own childhood experience had been the same; they regarded it as just a part of life on Pitcairn. One grandmother wondered what all the fuss was about. Tosen was convinced, however, that the early sexual experience was very damaging to the girls. "They can't settle or form solid relationships. They did suffer, no doubt about it," he said emphatically. Tosen opined that accounts of the Pitcairners' past transformation by Christianity, once popularised in missionary tracts, told only one side of the story. He noted that 13 of the original settlers were murdered, many in fights over women, before
John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
, the sole surviving mutineer, pacified them with the help of the
Bible The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacred in Christianity, Judaism, Samaritanism, and many other religions. The Bible is an anthologya compilation of texts of a ...
. "This is the island that the gospel changed, but the changes were only superficial," he said. "Deep down, they adhered to the mutineers' mentality. They must have known that their lifestyle was unacceptable, but it was too entrenched." In 1999, a
New Zealander New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator ...
visiting the island, Ricky Quinn, was sentenced by island magistrate Jay Warren to 100 days in prison for underage sex with a 15-year-old Pitcairn girl. In 2002, the
Queen-in-Council The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of ap ...
made the Pitcairn (Amendment) Order 2002, which paved the way for a trial based on Pitcairn law to be held in New Zealand in 2004. However, in 2004 the accused won a legal battle to be tried in Pitcairn. Three judges, several prosecution and defence lawyers, other court staff, and six journalists travelled from New Zealand to the island in late September for the seven-week trial. Their arrival doubled the number of people on the island during their stay. Witnesses living abroad gave evidence remotely by a video satellite link-up. The forty-five islanders were ordered to surrender their twenty or so guns, both in view of the heightened emotions and to avoid hunting accidents "because the island's population will swell by about 25 during the trial." In 2004 the biographer
Diana Souhami Diana Souhami (born 25 August 1940) is an English writer of biographies, short stories and plays. She is noted for her unconventional biographies of prominent lesbians. Biography Souhami was brought up in London and studied philosophy at Univer ...
visited Pitcairn, attempting to travel incognito, but her cover was blown early in her stay. Before she was told to leave the island, she gathered enough material for her next book, ''Coconut Chaos''. As of April 2006, the cost of the trial amounted to
NZ$ The New Zealand dollar ( mi, tāra o Aotearoa; sign: $, NZ$; code: NZD) is the official currency and legal tender of New Zealand, the Cook Islands, Niue, the Ross Dependency, Tokelau, and a British territory, the Pitcairn Islands. Within New ...
14.1 million.


Local reaction

Pitcairn's 47 inhabitants, almost all of whom are interrelated, were bitterly divided by the charges against what constituted most of the adult male population. Many Pitcairn Island men blamed the British police for persuading the women involved to press charges. Some of the women agreed. Sources close to the case said that several women withdrew their charges due to family pressure. On 28 September 2004, Olive Christian, wife of the accused mayor, daughter of Len Brown and mother of Randy Christian, both of whom were also among those accused, called a meeting of thirteen of the island's women, representing three generations at her home, Big Fence, to "defend" the island's men. Claiming that underage sex had been accepted as a Polynesian tradition since the settlement of the island in 1790, Olive Christian said of her girlhood, "We all thought sex was like food on the table." Carol Warren's two daughters also said that they had both been sexually active from the age of 12, with one of them claiming that she started having sex at 13, "and I felt hot shit about it, too." They and other women present at the meeting, who endorsed their view that underage sex was normal on Pitcairn, stated emphatically that all of the alleged rape victims had been willing participants. Charlene Warren, who withdrew charges against a Pitcairn man, claimed that detectives had offered her money to testify; when pressed, she clarified that the money referred to statutory "compensation for victims of crime." Some women came up with a
conspiracy theory A conspiracy theory is an explanation for an event or situation that invokes a conspiracy by sinister and powerful groups, often political in motivation, when other explanations are more probable.Additional sources: * * * * The term has a nega ...
that the trial was part of "a British plot to jail the ommunity'sable-bodied men and 'close' the island." "They've picked on all the viable young men, the ones who are the backbone of this place," said one,
Meralda Warren Meralda Elva Junior Warren (born 28 June 1959) is an artist and poet of the Pitcairn Islands, a remote British Overseas Territory in the South Pacific. She works in both English and Pitkern, the island's distinctive creole language. Her book, ...
. Not all women on the island were such defenders. Some present at the Big Fence meeting sat "silent and appeared ill at ease," giving reporters the impression that they did not hold the same views. Many of the islanders boycotted the trial. "It's better for me not to know who's charged with what, so that I can still look them in the face as mates," one islander said. "We still have to work together to keep this place going." While many islanders remain fearful that the outcome of the trial could sound the death-knell of the tiny state, others expressed optimism that it could mark a new beginning for Pitcairn as people previously excluded from the power structure would find themselves needed and appreciated for their skills and contributions in a new way. Many Pitcairners felt unfairly treated; for instance, Mike Warren said the whole trial was a "setup" from the start. Former Pitcairn resident Reeve Cooze expressed the sentiments of many islanders on
Radio New Zealand Radio New Zealand ( mi, Te Reo Irirangi o Aotearoa), commonly known as Radio NZ or simply RNZ, is a New Zealand public-service radio broadcaster and Crown entity that was established under the Radio New Zealand Act 1995. It operates news and c ...
when he declared, "The Pitcairn people have been bullied."


Timeline of the trial

The trial opened on Pitcairn on 30 September. Four days later on 4 October, a former islander, in a written statement read out by police, (name withheld) alleged that Mayor
Steve Christian Steven Raymond Christian (born 26 June 1951, Pitcairn Island) is a politician, convicted sex offender and child rapist from the Pitcairn Islands. He was mayor of the islands from 1999 until 2004, when he was removed from office after being fo ...
had raped her twice in 1972 when she was 12, once in bushland and once in a boat moored at
Bounty Bay Bounty Bay is an embayment of the Pacific Ocean into Pitcairn Island. It is named after the ''Bounty'', a British naval vessel whose eighteenth-century mutiny was immortalized in the novel ''Mutiny on the Bounty'', and the numerous subsequent ...
. She said that he used adolescent girls as his personal
harem Harem (Persian: حرمسرا ''haramsarā'', ar, حَرِيمٌ ''ḥarīm'', "a sacred inviolable place; harem; female members of the family") refers to domestic spaces that are reserved for the women of the house in a Muslim family. A hare ...
. "Steve seemed to take it upon himself to initiate all the girls, and it was like we were his harem," she stated. She had not informed her parents or others in the community, she said, because she "knew nothing would be done about it because of previous experience on the island." On the same day, another woman alleged that she had been raped twice as a school girl by Steve Christian. She had been a virgin at the time of the first rape, she said. Postmaster Dennis Christian was the first defendant to plead guilty at the trial, the following day. He pleaded guilty to two charges of sexual assault against a 12- to 14-year-old girl from 1972 to 1974, when he was 16 to 18, and one charge of indecent assault against another 12-year-old girl in the early 1980s, when he was in his late 20s. Detective Inspector Rob Vinson of
Kent Kent is a county in South East England and one of the home counties. It borders Greater London to the north-west, Surrey to the west and East Sussex to the south-west, and Essex to the north across the estuary of the River Thames; it faces ...
Police, who had conducted the investigation, described the confession as a "significant development." Pitcairn public prosecutor Simon Moore expressed relief that the two women had been spared having to testify in public. Crown prosecutors said that they would not offer evidence for a fourth charge against Christian, as the victim wished to withdraw it and it would not affect the sentence. Christian was remanded on
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries ...
pending the completion of all seven trials. On the next day (6 October), the prosecution produced a videotape of a police interview with Steve Christian, conducted at Auckland Central police station in New Zealand in 2000. Christian denied "breaking in" four girls in their early teens or younger. (He was later accused by a fifth woman of having raped her in a similar fashion.) Christian agreed that it "could be the case" that he had sex with one girl of 13 and another of 15. He said he could not recall the specific incidents but admitted to two other sexual relationships with girls under 16, both of whom, he insisted, had consented. He emphatically denied ever having forced sex on anybody. Christian pleaded not guilty to all charges of rape and indecent assault. The trial continued on 7 October with the appearance of
Jay Warren Jay Calvin Warren (born 29 July 1956) is a political figure from the Pacific territory of the Pitcairn Islands. Political roles Jay Warren was elected mayor of the last remaining British dependency in Oceania in the general election held on ...
, 48, the former
Magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
of Pitcairn, and Terry Young, 45. Warren held the office of Magistrate, which had since been renamed mayor, for most of the 1990s. The 48-year-old Warren was accused of indecently assaulting a 12-year-old girl in 1983. The woman (name suppressed), who was 33 at the time of the trial, testified by video link from New Zealand, where she lived, that Warren had accosted her while she was body-surfing with friends in
Bounty Bay Bounty Bay is an embayment of the Pacific Ocean into Pitcairn Island. It is named after the ''Bounty'', a British naval vessel whose eighteenth-century mutiny was immortalized in the novel ''Mutiny on the Bounty'', and the numerous subsequent ...
after school. The woman says she was wearing flippers, and managed to swim away. In reply to a question from
Paul Dacre Paul Michael Dacre (; born 14 November 1948) is an English journalist and the former long-serving editor of the British right-wing tabloid the '' Daily Mail''. He is also editor-in-chief of DMG Media, which publishes the ''Daily Mail'', ''The ...
, the public defender, she told the court that she felt unable to tell anybody on the island about what had happened at that time. Warren denied the charge. The same woman told the court that she had also been abused by Terry Young, who was accused of one rape and seven indecent assaults over a period of almost 20 years. The woman, one of four of Young's alleged victims, told the court that in 1981, when she was 10, Young had groped her as she emerged from the toilet block at the island's school. She had been attending a community event that evening. The court was told that Young had confessed this incident to the police. He had also confessed to having molested another 10-year-old girl during a tag game at a communal dinner (an incident he told the police had happened "accidentally"), and another girl of 13 or 14 while she was a passenger on his quad-bike. His principal victim was a girl he allegedly molested regularly over a number of years, from the time she was 7. His confessions to the police notwithstanding, Young formally denied all charges against him in court. On 8 October, Dave Brown, brother-in-law to Mayor Steve Christian, became the second defendant to plead guilty. Brown, a 49-year-old tractor driver, pleaded guilty to two charges of indecently assaulting a 14-year-old girl in the mid-1980s, and to a charge of molesting a 15-year-old girl during a spear-fishing trip in 1986. The court listened to an interview recorded on Pitcairn in 2000, in which Brown, when asked if he had been in love, replied to police: "Yes, I was. We got closer and closer," was his view of himself and the 13-year-old girl, with whom he had repeated sexual contact over a long period in the mid-1980s. He was then in his early 30s, and married with children. Their first sexual encounter had taken place in undergrowth behind the general store after he met her in the village square. About a month later, they had sex again when they met after swimming. According to Brown's account to police, after the second sexual encounter, the girl had said that she enjoyed the sexual encounters and wanted more of it. Seeing each other more than once a month was difficult, however; greater frequency would make it difficult to keep, what Brown characterised as, an "affair" secret. Despite being confronted by his wife, Lea, and despite being asked by the island's police officer on behalf of the girl's mother to leave her alone, Brown renewed his sexual contacts with the girl after a six-month interval. "She didn't want to let go and neither did I," Brown said. The sexual contact continued until the girl left the island at the age of 16. At the beginning of the police investigation in 2000, the woman was one of many complainants, but she withdrew her allegations against Brown before the trial. In the video, Brown told the police that it was "a normal part of Pitcairn life" for adult men to have sex with girls of 12 or 13. "It didn't seem wrong," he said. Most islanders, including his parents, had started having sex at a young age, and each generation had followed the one before it, he contended. He said, however, that he had rethought the widespread acceptance of underage sex, and had concluded that it was not appropriate. Of his own conduct with the 13-year-old girl, he said, "I regret it now. Times are changing. Things are moving forward, and obviously what we did then was not normal." Brown pleaded not guilty to twelve additional charges. These included forcing a five-year-old girl to give him oral sex, and indecently assaulting a girl of six or seven in the
Seventh-day Adventist Church The Seventh-day Adventist Church is an Adventist Protestant Christian denomination which is distinguished by its observance of Saturday, the seventh day of the week in the Christian (Gregorian) and the Hebrew calendar, as the Sabbath, and ...
, the only church on the island. As the trial resumed four days later on 12 October, plaintiffs testified about the alleged misdeeds of Mayor Steve Christian. One of his alleged victims told the court that he went to her house the night his first son was born, and asked her for sex —she refused. Royal Warren, who assisted with the birth, provided Christian with an
alibi An alibi (from the Latin, '' alibī'', meaning "somewhere else") is a statement by a person, who is a possible perpetrator of a crime, of where they were at the time a particular offence was committed, which is somewhere other than where the crim ...
: he had, she said, been present throughout his wife's labour. In the separate trial of Terry Young, a former resident of Pitcairn Island accused him of raping her repeatedly in her early teens. The first rape she could remember took place in 1978, when she was 12, but he had begun assaulting her indecently much earlier, she said. The rapes and assaults continued until she was 15, she testified, when she left to go to
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
for her education. In a video link from New Zealand, the 38-year-old woman broke down in tears as she described an abusive childhood in which she was regularly beaten at home, treated as a slave by her parents, and raped and assaulted by Young and other older men on the island; she felt unable to tell anyone about these acts. Most of the rapes took place in secluded areas where she went to collect firewood (her chore); she could not tell her mother that she did not want to go, for fear of being beaten. The woman said that at first, she had tried to object to the rapes. After a while, however, she had come to realize that there was nothing she could do about it: Young would simply carry on what he was doing. She concluded it was easier to submit. The woman said she had been too ashamed to tell anyone, even her schoolteacher, who was from New Zealand. In the twenty years between her departure from Pitcairn and her being interviewed by police, she had told nobody about the abuse that had gone on, not even her husband. Another islander told the court that she had caught another of the seven defendants, who was then in his 30s, having an affair with her 13-year-old daughter. She had told him to leave her alone. Once, she had caught him trying to climb in through her daughter's window. Defence lawyers representing the seven accused presented their final submissions on 21 October. Much of the day was dominated by the defence of Randy Christian, the 30-year-old son of
Mayor In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well a ...
Steve Christian Steven Raymond Christian (born 26 June 1951, Pitcairn Island) is a politician, convicted sex offender and child rapist from the Pitcairn Islands. He was mayor of the islands from 1999 until 2004, when he was removed from office after being fo ...
. The younger Christian was accused of five rapes and seven indecent assaults against four women between 1988 and 1999. He was also alleged to have targeted a five- or seven-year-old girl from 1989 or 1991 onwards and to have abused her continuously over the following decade. He admitted to having sex with an under-age girl of 11 or 12. Defence lawyer Allan Roberts claimed that Christian's relationship with the child had been consensual. The girl, who was 20 at the time of the trial, was the one who sparked off the police inquiry four years previously when she told her mother of the abuse she had suffered. Her mother in turn told Gail Cox, the visiting
British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...
police officer. That was the first the outside world knew of the prevalence of sexual abuse on Pitcairn. Roberts, however, produced love letters written by the girl before Christian left Pitcairn for
Norfolk Island Norfolk Island (, ; Norfuk: ''Norf'k Ailen'') is an external territory of Australia located in the Pacific Ocean between New Zealand and New Caledonia, directly east of Australia's Evans Head and about from Lord Howe Island. Together with ...
, to support his claim that she had been infatuated with Christian. According to Roberts, this infatuation continued after Christian left the island. He said that in her statement to police, she confessed to "having a crush on Randy even though he is no longer on the island." He called her "a cold and cruel and vengeful liar who would stop at nothing to draw attention back to herself ... a woman scorned," whose complaint to the police was nothing other than revenge for his having abandoned her. Public prosecutor Simon Moore rejected this defence, charging that Christian had exploited their ten-year age gap and his superior physical strength for his own advantage. While admitting that for a girl to have a crush on an older man was nothing out of the ordinary, and that there were few unattached young men available, Moore maintained that Christian had taken advantage of the girl's naivety, ignorance, and innocence. "He flattered her, he played her and he lured her into situations where he could do as he wished," Moore said. He added that, after reading a leaflet about sexual harassment distributed by Constable Cox, the girl had realized that Christian's treatment of her was unacceptable. The court was told that during the period in question, Christian had two girlfriends of legal age. One was a
pest control Pest control is the regulation or management of a species defined as a pest; any animal, plant or fungus that impacts adversely on human activities or environment. The human response depends on the importance of the damage done and will range ...
officer who came to Pitcairn to rid the island of rats.


Verdict and aftermath

On 24 October 2004, the
Pitcairn Supreme Court The Pitcairn Supreme Court is the supreme court of the Pitcairn Islands, a British Overseas Territory. It is a superior court of record. Provisions for a supreme court were set out in amendments to the Old Constitution Order in the 1990s. The ...
convicted six of the seven accused on 35 of the 55 charges. Only
Jay Warren Jay Calvin Warren (born 29 July 1956) is a political figure from the Pacific territory of the Pitcairn Islands. Political roles Jay Warren was elected mayor of the last remaining British dependency in Oceania in the general election held on ...
, the former
Magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
(1990–1999) was acquitted on all counts. See the "
defendants In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdi ...
" section below for details. Chief Justice
Charles Blackie Charles Stuart Blackie is a New Zealand judge who is currently the Chief Justice of the Pitcairn Supreme Court and is also a judge of the District Courts of New Zealand. He is a former Commander in the Royal New Zealand Naval Volunteer Reser ...
ridiculed Mayor Steve Christian's claim that his relationship with one of his victims had been consensual. "She was young, naive and vulnerable," Blackie said. "She was secreted into the bushes and there the accused took advantage of her. There had been no affection, kissing or romantic connection. She did not want it to happen." The controversy over the trial continued. On 26 October 2004, prosecutor Simon Moore told
Radio New Zealand Radio New Zealand ( mi, Te Reo Irirangi o Aotearoa), commonly known as Radio NZ or simply RNZ, is a New Zealand public-service radio broadcaster and Crown entity that was established under the Radio New Zealand Act 1995. It operates news and c ...
that the charges and the verdicts were only the tip of the iceberg, accounting for only one-third of the cases police learned about when they began their investigations. He said that more charges were due to be laid involving people now living in
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
and New Zealand, but he declined to provide further details citing "extensive name suppression orders in place." Moore said that some of these victims had indicated an interest in returning to Pitcairn. But, they would have had to be satisfied that justice had been done and that the island was a safe place for their families.
Auckland Auckland (pronounced ) ( mi, Tāmaki Makaurau) is a large metropolitan city in the North Island of New Zealand. The List of New Zealand urban areas by population, most populous urban area in the country and the List of cities in Oceania by po ...
lawyer Christopher Harder, who represented one of the accused, appealed for mercy in view of the social devastation he said would be caused by the imprisonment of most of the island's able-bodied men. He proposed that the men make a public apology and pay compensation to their victims, instead of facing imprisonment, which, he said, could mean the end of the
microstate A microstate or ministate is a sovereign state having a very small population or very small land area, usually both. However, the meanings of "state" and "very small" are not well-defined in international law.Warrington, E. (1994). "Lilliputs ...
. Professor John Connell of the
University of Sydney The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's si ...
said that if the men were imprisoned, they would have to be released temporarily whenever needed to man the longboat, without which the island could not connect with the outside world. "It would be a punishment for the whole community" if they were not, said the South Pacific scholar. Some islanders expressed fears that without the convicted men, there would not be enough who could handle the longboat. Others, less connected with the case, noted that the defendants had prevented other islanders from becoming more skilled at handling the boats. This was another example of the "power and control" problems which existed on the island. Public Defender
Paul Dacre Paul Michael Dacre (; born 14 November 1948) is an English journalist and the former long-serving editor of the British right-wing tabloid the '' Daily Mail''. He is also editor-in-chief of DMG Media, which publishes the ''Daily Mail'', ''The ...
called on the court to impose sentences in keeping with the unique circumstances of the island society. "We are talking about 50 people living on a rock, not 50 million in England," he said. Pending sentencing on 27 October, lawyers for the six convicted pleaded for clemency, arguing that it was essential for the survival of the dependency. Only two of the six expressed regret. Dennis Christian e-mailed his principal victim to apologize and expressed his "deep remorse," the court was told, and Dave Brown made a statement through his lawyer that he "regretted any distress caused." His father, Len Brown, refused to apologize for his own offences; his lawyer, Allan Roberts, told the court that to do so would be "fraudulent." The
Pitcairn Supreme Court The Pitcairn Supreme Court is the supreme court of the Pitcairn Islands, a British Overseas Territory. It is a superior court of record. Provisions for a supreme court were set out in amendments to the Old Constitution Order in the 1990s. The ...
handed down sentences tailored, said Chief Justice
Charles Blackie Charles Stuart Blackie is a New Zealand judge who is currently the Chief Justice of the Pitcairn Supreme Court and is also a judge of the District Courts of New Zealand. He is a former Commander in the Royal New Zealand Naval Volunteer Reser ...
, to the unique conditions of Pitcairn Island, on 29 October. Dennis Christian and Dave Brown were sentenced to community service, apparently in recognition of the remorse they had shown at the trial. Mayor Steve Christian, Randy Christian, and Len Brown were all sentenced to prison terms ranging from two to six years. (See the defendants for details.) Elaborating on Chief Justice Blackie's statement, Bryan Nicholson of the British High Commission in New Zealand said, "The penalties were tailored to Pitcairn and take into account the unique isolation, population of less than 50, and the dependence of manpower." None of the sentences were carried out until 2006, pending a ruling by the Privy Council on the legal validity of British sovereignty and judicial authority on Pitcairn. Bryan Nicolson, a spokesman for the
British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...
High Commission in New Zealand, announced on 30 October that
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Richard Fell Richard Taylor Fell CVO (born 11 November 1948) was the British High Commissioner to New Zealand and the colonial Governor of the Pitcairn, Henderson, Ducie and Oeno Islands (of which only Pitcairn is inhabited) from 2001 to 2006. He was edu ...
had formally dismissed Steve Christian from the mayoralty, and his son,
Randy Randy is a given name, popular in the United States and Canada. It is primarily a masculine name. It was originally derived from the names Randall, Randolf, Randolph, as well as Bertrand and Andrew, and may be a short form (hypocorism) of the ...
, from the chairmanship of the powerful Internal Committee. The dismissal followed Christian's refusal to resign when asked to do so by Deputy Governor
Matthew Forbes Matthew may refer to: * Matthew (given name) * Matthew (surname) * ''Matthew'' (ship), the replica of the ship sailed by John Cabot in 1497 * ''Matthew'' (album), a 2000 album by rapper Kool Keith * Matthew (elm cultivar), a cultivar of the Ch ...
. Christian's conviction and dismissal left the islanders with a power vacuum. On 8 November 2004, the Island Council named Christian's sister,
Brenda Brenda is a feminine given name in the English language. Origin The overall accepted origin for the female name Brenda is the Old Nordic male name ''Brandr'' meaning both ''torch'' and ''sword'': evidently the male name Brandr took root in areas ...
, interim mayor pending elections scheduled for 15 December 2004. The position was won by Jay Warren. Brian Michael John Young was found guilty in January 2007 of rape and indecent assault. In December, he was sentenced to six years and six months in prison. He was ordered to be transported to Pitcairn to serve out his sentence.


Appeals

The six convicts began their
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
in the
Pitcairn Supreme Court The Pitcairn Supreme Court is the supreme court of the Pitcairn Islands, a British Overseas Territory. It is a superior court of record. Provisions for a supreme court were set out in amendments to the Old Constitution Order in the 1990s. The ...
, in
Papakura Papakura is a southern suburb of Auckland, in northern New Zealand. It is located on the shores of the Pahurehure Inlet, approximately 32 kilometres south of the Auckland CBD. It is under the authority of the Auckland Council. Papakura is a M ...
, New Zealand, on 18 April 2005. Defence lawyers argued that as Pitcairn's colonial rulers had never enforced British law, the six men convicted of sex crimes could not have known that their acts were illegal, a claim rejected as "extraordinary" by public prosecutor Simon Moore. If true, he said, Pitcairn had been "a zone of criminal immunity", an enclave where serious crimes could be committed with impunity. The proceedings were relayed live to the Adamstown courthouse, on Pitcairn, by a video linkup. About twenty locals, including the accused, watched the hearing. Crown prosecutors produced numerous old documents to refute the defence that British law had never been enforced on Pitcairn, or that the Pitcairners had never known that they were subject to it. According to the documents, the islanders had, over a period of many years, sought British advice and intervention in cases related to
adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
,
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
,
kleptomania Kleptomania is the inability to resist the urge to steal items, usually for reasons other than personal use or financial gain. First described in 1816, kleptomania is classified in psychiatry as an impulse control disorder. Some of the main cha ...
, attempted
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
(including a 1936 case in which a husband and wife tried to kill each other), and the theft of women's underwear. Crown Prosecutor Simon Mount said the charges had been referred to British authorities because they were too serious to be dealt with locally, and proved that Pitcairners were fully aware of British law and of its applicability to them. Betty Christian, the Island Secretary, broke ranks with many of her fellow Pitcairners, testifying at the Pitcairn Supreme Court hearing in Papakura that the islanders were aware that they were British subjects and that British law was applicable to them. She also flatly contradicted the defence that sexual activity at a young age was considered "normal" on Pitcairn, saying that Pitcairn's values were no different from those of any other modern society. On 24 May 2005, the Auckland court rejected the appeal of the six convicted men. It carried over their bail until their further appeal could be heard by the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
, in 2006. Former Pitcairn resident
Shawn Christian Shawn Patrick Christian (born December 18, 1965) is an American television and film actor. Life and career After graduating from Ferris State University in Big Rapids, Michigan in 1989 with a degree in marketing, he moved to Chicago to purs ...
, 29, then living in
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, announced a legal challenge to the validity of New Zealand lawyers' and judges' participation in a trial in a
British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...
colony on 27 November 2005. "They are saying it should have been English judges and English lawyers doing the trial," said New Zealand lawyer Fletcher Pilditch. Christian appeared to have the support of others awaiting trial. Shawn Christian, whose alleged offences (three rapes) are said to have happened between 1994 and 1996, is the younger son of former Mayor
Steve Christian Steven Raymond Christian (born 26 June 1951, Pitcairn Island) is a politician, convicted sex offender and child rapist from the Pitcairn Islands. He was mayor of the islands from 1999 until 2004, when he was removed from office after being fo ...
. An additional appeal brought by the Public Defender was heard by the Court of Appeal on 31 January 2006. The basis of the appeal was the validity of the laws applied to the accused, with the defence arguing that British law had not been ratified on Pitcairn. "We are arguing whether the English legal system applies to these people. That is it in a nutshell," defence lawyer Allan Roberts said. The Pitcairn Court of Appeal dismissed this claim. Randall Christian's appeal against conviction of indecent assault of a girl aged under 13 was upheld, but that decision did not affect his sentence of six years on other charges. The men appealed to the Judicial Committee of the Privy Council in London. The Privy Council terminated the appeal abruptly in July 2006, saying that the argument that Pitcairn has always been self-governing was unrealistic. The final appeals for all six men failed on 30 October 2006.


Defendants

The defendants who lived on the island were: * Steven Raymond Christian (Steve Christian) (born January 1951),
mayor In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well a ...
since 1999. He was charged with a total of six rapes and four indecent assaults committed between 1964 and 1975. He pleaded not guilty to all charges of rape and sexual abuse. He admitted to two sexual encounters with underage females, which he said were consensual. Christian was convicted of five rapes, and cleared of four indecent assaults and one rape. He was sentenced to three years' imprisonment. Still protesting his innocence and refusing to resign, he was dismissed from office on 30 October 2004 by the
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
,
Richard Fell Richard Taylor Fell CVO (born 11 November 1948) was the British High Commissioner to New Zealand and the colonial Governor of the Pitcairn, Henderson, Ducie and Oeno Islands (of which only Pitcairn is inhabited) from 2001 to 2006. He was edu ...
. * Randy Christian (born March 1974) son of Steve Christian, was Chairman of the powerful Internal Committee, which effectively made him his father's deputy. He faced five charges of rape and seven of indecent assault against four women between 1988 and 1999. He was also accused of targeting one girl from the age of five or seven, abusing her repeatedly over the next decade. He admitted to having under-age sex with a girl of 11 or 12. He was convicted of four rapes (against the same girl from the age of 10) and five indecent assault charges, but cleared of one rape and two indecent assaults. His six-year prison sentence was the most severe ever handed down on Pitcairn. Governor Fell dismissed him from the chairmanship of the Internal Committee on 30 October 2004, following his refusal to resign. * Len Carlyle Brown (born March 1926) Steve Christian's father-in-law, was convicted of two rapes. Through his lawyer, Allan Roberts, Brown refused to apologize. To do so would be "fraudulent," Roberts said. He was sentenced to two years imprisonment, but on account of his age, he was allowed to apply for home detention instead. * Dave Brown, or Len Calvin Davis Brown (born October 1954) son of Len Brown, pleaded guilty on 8 October 2004 to two charges of indecent assault against a 14-year-old girl and one charge of molesting a 15-year-old girl. He continued to deny 12 other charges, including one of forcing a 5-year-old girl to give him oral sex. Brown was found guilty of nine indecent assaults against three girls, but was cleared of four charges of indecent assault and two of gross indecency. Earlier, he had told
British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...
journalist
Kathy Marks Kathy Marks is a British journalist best known for her work on ''The Independent''. Marks grew up in Manchester, England, and studied languages. A journalist since 1984, her first job was at the Reuters news agency; she has also worked for ''The ...
that he hated reporters and was sick of their "lies." After the verdict, however, his lawyer, Charles Cato, told the court that Brown "regretted any distress caused." He was sentenced to 400 hours' community service and was ordered to undergo counselling. * Dennis Ray Christian (born 1957) pleaded guilty on 5 October 2004 to two charges of sexual assault and one of indecent assault against young girls. The court was told on 27 October 2004 that Christian had e-mailed his principal victim to apologize and express his "deep remorse." He was sentenced to 300 hours' community service and was ordered to undergo counselling. * Carlisle Terry Young (born 1958) a descendant of HMS Bounty midshipman
Ned Young The complement of , the Royal Navy ship on which a historic mutiny occurred in the south Pacific on 28 April 1789, comprised 46 men on its departure from England in December 1787 and 44 at the time of the mutiny, including her commander Lieute ...
, faced one charge of rape and seven of indecent assault over a period of almost 20 years. He was convicted of one rape and six indecent assaults, but was cleared of one indecent assault charge. Young was sentenced to five years imprisonment. He resented being photographed at the trial, and shoved reporter
Kathy Marks Kathy Marks is a British journalist best known for her work on ''The Independent''. Marks grew up in Manchester, England, and studied languages. A journalist since 1984, her first job was at the Reuters news agency; she has also worked for ''The ...
aside when she tried to take his picture. *
Jay Warren Jay Calvin Warren (born 29 July 1956) is a political figure from the Pacific territory of the Pitcairn Islands. Political roles Jay Warren was elected mayor of the last remaining British dependency in Oceania in the general election held on ...
(born July 1956) former
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
of the Pitcairn Islands from 1990 to 1999, when his office was replaced by that of the mayor following a constitutional revision. Warren was cleared of his indecent assault charge. Another defendant,
Shawn Christian Shawn Patrick Christian (born December 18, 1965) is an American television and film actor. Life and career After graduating from Ferris State University in Big Rapids, Michigan in 1989 with a degree in marketing, he moved to Chicago to purs ...
, who was tried and convicted after being extradited to New Zealand, was elected mayor of Pitcairn in 2013. As of March 2009 only one prisoner, Brian Young, was still being held in the island's prison, all the others having been granted home detention status. It was reported on 23 April 2009 that Brian Young had been released on house arrest having served just over two years of his original sentence of six and a half years. It is purported that the now empty prison will be turned into a guest house.


Notes and references


Notes


References


Further reading

* "Island of the damned", Nick Godwin, ''The Advertiser'', 4 November 2006 * "Pitcain sex trial costs mount to nearly $17M", New Zealand Press Association, 3 November 2006 * "Pitcain islanders due to begin prison terms tomorrow", Ian Stuart, New Zealand Press Association, 3 November 2006 * "Penalty for Pitcairn", ''The Southland Times'', 1 November 2006 * "NZ staff will guard Pitcairn rapists", PACNEWS, 1 November 2006 * Kathy Marks, '' Lost Paradise,'' New York, London: Free Press, 2009, 328 pages


External links


NPR interview with the author of "Lost Paradise: From Mutiny on the Bounty to a Modern-Day Legacy of Sexual Mayhem, the Dark Secrets of Pitcairn Island Revealed"

Vanity Fair - "Trouble in Paradise"


* ttp://www.nzherald.co.nz/world/news/article.cfm?c_id=700&objectid=3595907 New Zealand Herald - Related info and links: Pitcairn Islands
Pitcairn Islands Laws (includes judgments of the Supreme Court and the Court of Appeal)

"Pitcairn: A Contemporary Comment"
article from the New Zealand Journal of Public and International Law (
PDF Portable Document Format (PDF), standardized as ISO 32000, is a file format developed by Adobe in 1992 to present documents, including text formatting and images, in a manner independent of application software, hardware, and operating systems. ...
file, 252 kB)
Reasons for report of the Lords of the Judicial Committee of the Privy Council upon a petition for special leave to appeal, 11 October 2004


{{DEFAULTSORT:Pitcairn Sexual Assault Trial of 2004 History of the Pitcairn Islands Crime in the Pitcairn Islands 2004 in the Pitcairn Islands 2004 in law Child sexual abuse Pitcairn Islands law Sex gangs Trials in the United Kingdom