Another has described the trauma as leaving her broken, hollow and living with flashbacks.
Fagaio, now 21, was sentenced for the 2023 offending in Manukau District Court yesterday.
He faced three representative charges of indecent assault and one of sexual violation by unlawful sexual connection.
He pleaded guilty to all charges the week before a jury trial was set to begin in March last year.
Forced himself on a victim
The court has heard that the offending began around June 2023, when Fagaio was staying at his first victim’s family home on a blow-up mattress in the lounge.
Around 4am, he texted her asking to use her vape and the pair met in the lounge, where they talked and went on their phones.
After a while, Fagaio got up, sat next to the girl and kissed her, before returning to his mattress.
She was shocked and didn’t know what to do. Then, he told her to perform a sex act on him.
She said no, but he persisted, pulling his pants down, pushing her head into his crotch and forcing himself on her.
Once the assault came to an end, she sat on a chair, shaking.
The victim’s sister came into the room and asked what they were doing, and, afraid her sister wouldn’t believe her, the victim said they were “just chilling”.
Panapa Fagaio initially denied assaulting his victims. Photo / 123RF stock
Continued assaults
Two further incidents around that month, while Fagaio stayed at the victim’s home, saw him grope her and put her hands on his crotch.
He ignored his victim’s verbal protests and assaulted her. At one point, he kissed her and said he loved her.
Another time, Fagaio picked the victim up from school.
He claimed he needed to use the bathroom, and she took him to the school toilets.
On the way, he grabbed the victim and kissed her, telling her to leave her boyfriend because he loved her.
The agreed summary of facts said Fagaio always treated his second victim like a “little sister”.
In July 2023, they were at her home having drinks with friends.
The victim was in her bedroom with her cousin when Fagaio came in while drunk or pretending to be drunk, the facts said.
She turned off the light and told everyone to go to sleep, but he lay on her bed and proceeded to touch her thighs, stomach and breasts over her clothes.
She walked out of the room but then returned, fearful he would also assault her cousin.
Despite her saying “no” and “stop,” he continued to grope her until they fell asleep.
‘Like a brother’
The last assault happened when he and other performers were having drinks at the third victim’s home after a performance.
The facts said before this night, the third victim considered Fagaio to be like a brother to her.
That night, he told her he would look after her, and she trusted him.
The victim went into her sister’s room and Fagaio followed her, appearing drunk.
He groped her thighs and private parts, and she pushed his hand away saying, “Don’t”.
He then put her hand on his crotch.
One of their friends came in to check on them and the victim began to cry.
She tried to leave her house and Fagaio attempted to stop her.
Some of the others saw what was happening and took the victim into another room, where she told them what had gone on.
Only then did Fagaio’s two other victims reveal what had happened to them.
An addiction, fuelled by booze
In court, Fagaio’s lawyer, Panama Le’au’anae, said his client had a sex addiction and watched pornography up to three times a day.
Fagaio’s addiction, fuelled by drinking, caused him to “take advantage” of his three victims, it was submitted.
This did not give Fagaio any “credit” but gave some insight into why he had assaulted his victims, the lawyer said.
Le’au’anae acknowledged Fagaio’s parents in the public gallery, who were “understandably distraught” about the “dire consequences” their son, who was raised Christian, was facing.
The defendant’s partner was also there, and also visibly upset..
The issue of consent
Last year, Fagaio told a Corrections pre-sentence report writer that he was disappointed, embarrassed and didn’t know why he did what he did.
There was some drinking during the offending, but not much, Fagaio admitted.
He claimed to have been in a non-exclusive relationship with one victim, and that made another victim jealous.
He didn’t give “much thought” to the issue of consent and thought the young women would like him and want to have sex with him.
Since then, he had abstained from drugs and alcohol and had come to view sex before marriage as a sin, he told the report writer.
Panapa Fagaio was sentenced in the Manukau District Court. Photo / Sarah Ivey
‘Pain and betrayal remain’
The first victim was deeply traumatised, experiencing flashbacks and unable to sleep, she said through her impact statement to the court.
Her family had suffered from the offending, and she had seen her parents cry because of what Fagaio had done to her.
The impact on the second victim had been “significant”.
Her victim impact statement was incredibly painful to write, she said, but her silence had already cost her far too much.
The trauma of the assault had left her broken, hollow and living with flashbacks.
“For me it is a daily reality … a smell, a word, a person, anything can take me back in an instant.”
Despite this, she was determined to heal.
Her family, who had accepted Fagaio as one of her own, had also had their trust broken.
Once open and trusting, her family now had their “walls up”.
None of the victims wished to attend court.
Judge David McNaughton said Panapa Figaio’s offending was serious and impacted the lives of three young women. Photo / RNZ, Claire Eastham-Farrelly
Genuine remorse
At the start of sentencing, Judge David McNaughton said he was not going to keep Fagaio in suspense: he was sentencing him to a term of imprisonment.
He reduced that sentence because of Fagaio’s youth, lack of previous convictions and counselling he had completed.
He allowed a small discount for Fagaio’s guilty plea, which prevented the victims from having to go to trial.
“I’ve read your remorse letter,” Judge said. “It is heartfelt and genuine.”
“It’s disappointing it’s taken you so long to understand the damage of what you have done, but I think you genuinely do.”
He sentenced Fagaio to three years and eight months in prison.
“I hope that you can resist the pressure to join a gang in there, you’re young and impressionable.”
“I’ve reduced the sentence as much as I can; that’s all I can say.”
Ella Scott-Fleming has been a journalist for three years and previously worked at the Otago Daily Times, Gore Ensign and Metro Magazine. She has an interest in court and general reporting. She’s currently based in Auckland covering justice related stories.