He then offered her $5000 to drop the case. <\/p>\n
The letter left Claire shaking, sickened and \u201ctotally disgusted\u201d. <\/p>\n
\u201cIt was really upsetting that he had admitted guilt in the letter, but continued to say he wasn\u2019t guilty [in court] and kept trying to guilt me for what he did.<\/p>\n
\u201cI knew his apology wasn\u2019t genuine, he was just desperate to not be held accountable.\u201d<\/p>\n
Claire said the offending occurred in August 2023 when she travelled to Auckland for a friend\u2019s birthday. After going to bed, she said she awoke to Rutherford holding her down and indecently assaulting her.<\/p>\n
\u201cI couldn\u2019t wake up and I didn\u2019t have the strength to push him off and tell him to stop it.<\/p>\n
\u201cIt was scary not being able to do anything.\u201d <\/p>\n
After sending the letter, he was arrested for attempting to pervert the course of justice. <\/p>\n
The Herald understands Rutherford later agreed to a plea deal in mid-2024 in which he admitted the sex offence and the second charge was dropped.<\/p>\n
He was sentenced to six months\u2019 home detention and one year of special conditions. Rutherford is now appealing his sentence and conviction.<\/p>\n
The Herald has applied to the Auckland District Court for a summary of the attack that Rutherford pleaded guilty to.<\/p>\n
Back in the letter, Rutherford wrote that while he didn\u2019t believe there was much he could do to make it up to Claire, he could at least give her options.<\/p>\n
He pointed out that he could spend up to seven years in jail.<\/p>\n
\u201cIf you believe that this is what I deserve then feel free to use this letter as a \u2018nail in the coffin\u2019. As you may be aware by writing this I am going against my bail conditions and you can use this as a \u2018breach of bail\u2019.\u201d<\/p>\n
Alternatively, he wrote that he had taken out a $5000 loan to cover some of his legal fees and would be \u201cMORE than happy\u201d to give it to her. <\/p>\n
Rutherford said the payment would be a form of reparation so that she and her family could have some \u201cloving and enjoyable memories\u201d.<\/p>\n
\u201cI would also like to say that if it\u2019s purely the number that swayed your decision please know that if needed i could sell \/ get further loans to find a satisfactory outcome. <\/p>\n
\u201cAlthough if you believe I am due to pay more to make amends [it] may take a little bit to get some funds together however I could probably scrape up to 5k to give to you by the end of the week.\u201d <\/p>\n
Rutherford wrote that he was praying she would choose to take the money instead of pursuing the charge. <\/p>\n
\u201cMy boss has mentioned that should you pursue your charge then I lose my job. (and career).\u201d <\/p>\n
It went without saying that he would lose his house within a matter of months, as he would be unable to pay the mortgage, he wrote.<\/p>\n
\u201cI would like to let you know that I have truly suffered, with all of this in consideration, I beg that you find it in your heart to forgive me and drop the charges.\u201d<\/p>\n
Rutherford said that no matter her decision, she had his word \u201cor may God banish my soul\u201d, that he would never do anything similar again.<\/p>\n
\u201cI pray that you can take the money that already rich lawyers dont [sic] need and use it to enhance your lives, over me using it to delay sentencing for as long as possible.\u201d<\/p>\n
Although Rutherford wrote she had until March to theoretically decide, as that\u2019s when he was due in court, he presumed she would find the additional funds helpful before Christmas and New Year.<\/p>\n
\u201cIf you feel that you wish to punish me further by dragging out your response than [sic] I will respect that.<\/p>\n
\u201cMy Fate is in your hands.\u201d<\/p>\n
Claire was frustrated that he outlined how damaging the situation had been for him without \u201cany care for how it affected mine and my family\u2019s lives\u201d. <\/p>\n
\u201cI lost both of my jobs, because I was working in people\u2019s homes, and I just couldn\u2019t be in someone\u2019s home where a man was, and then I was working nights as well, and I just didn\u2019t feel safe being out at night.\u201d <\/p>\n
She reported the letter to police and Rutherford was arrested for contacting her. <\/p>\n
When Rutherford pleaded guilty to the sex offence in August 2024, the latter charge was removed.<\/p>\n
Detective Senior Sergeant Kathy Bostock said police acknowledged the sentence handed down in September and said an appeal had now been lodged by the defendant. <\/p>\n
\u201cAs such we are limited in further comment at this time.\u201d<\/p>\n
Rutherford has been approached for comment through his legal counsel.<\/p>\n
In the lead-up to sentencing, Claire alleges Rutherford continued his role as a support worker with Emerge Aotearoa. <\/p>\n
According to its website, Emerge Aotearoa provides health, housing and social services. <\/p>\n
Rutherford only left the organisation after being convicted. <\/p>\n
Claire said knowing he had been working in a space with vulnerable people was scary.<\/p>\n
\u201cThe whole time I was like, he needs to get convicted so that we can let people know because without the conviction, I felt like I couldn\u2019t go to the media.\u201d<\/p>\n
Emerge Aotearoa services national director Gemma Bateman confirmed Rutherford was no longer an employee, but couldn\u2019t comment further due to privacy reasons.<\/p>\n
\u201cAll support workers at Emerge Aotearoa are required to undergo regular police vetting. Employees are also bound by employment obligations, including the requirement to disclose relevant criminal offending and related charges where applicable.<\/p>\n
\u201cWhere existing employees disclose new criminal charges, we assess any ongoing risk prior to court processes and sentencing.\u201d<\/p>\n
Bateman said that when they become aware of concerns regarding employee conduct, Emerge Aotearoa is required to balance service delivery obligations with the legal requirement to allow the natural course of justice to proceed. <\/p>\n
\u201cThe circumstances may mean the employee is removed from certain work tasks or duties while the court process concludes. <\/p>\n
\u201cFollowing any court processes we evaluate the need for any appropriate internal employment process and any impact this may have on ongoing employment.\u201d <\/p>\n
NOTE: Grammatical errors included in the letter have been left in for accuracy.<\/p>\n
*Claire\u2019s name has been changed as she has automatic name suppression<\/p>\n
Katie Harris is an Auckland-based journalist who covers issues including sexual assault, workplace misconduct, media, crime and justice. She joined the Herald in 2020.<\/p>\n