And if he wasn\u2019t named, it might not be his last time he does so, she argued. <\/p>\n
\u2018Significant power imbalance\u2019<\/p>\n
Smith was arrested in October 2024, one month after the then 16-year-old victim went to her school nurse seeking advice because she was worried about pregnancy. <\/p>\n
She had a lowered curriculum at the school and wasn\u2019t required to take tests because of her foetal alcohol spectrum disorder, ADHD and autism diagnoses. <\/p>\n
Her disabilities resulted in impaired adaptive and executive functioning, according to court documents. <\/p>\n
\u201cThere is a marked disparity between her intellectual and practical skills,\u201d the summary of facts for Smith\u2019s case states. \u201cShe requires support to complete many tasks of daily living, including self-care. She requires supervision in everyday situations where there is a heightened risk of harm (such as while cooking, using fire or when going out in public).\u201d<\/p>\n
Smith was hired by the victim\u2019s mother in June 2023 to pick her up from school one day a week and to spend one day over the weekend with her \u2013 taking her on outings, teaching her life skills and assisting her with daily activities such as catching the bus. <\/p>\n
The mother explained to Smith the teen\u2019s diagnosis and mental age, as well as the girl\u2019s understanding of boundaries and the \u201cno touch zone\u201d. <\/p>\n
\u201c[Her] disorders increase her vulnerability to sexual exploitation and victimisation,\u201d court documents state. \u201cThat is particularly the case in sexual situations where the other party is significantly older than her, significantly more intelligent than her, significantly physically stronger than her, has a legitimate right to advise or instruct her, or provide\/prevent her access to money or other tangible rewards. <\/p>\n
\u201cShe has a significant impairment which can seriously impair her ability to communicate decisions about sexual conduct should she be in a situation of a significant power imbalance.\u201d<\/p>\n
\u2018They wouldn\u2019t understand\u2019<\/p>\n
But Smith appeared to take the advice about the teen\u2019s disabilities as a roadmap for how to exploit her, authorities suggested. <\/p>\n
\u201cMr Smith frequently used the times he was caring for [the teen] to establish an inappropriate relationship with her, in order to facilitate future sexual contact with her,\u201d court documents state. <\/p>\n
He would sometimes park with her at a secluded location and offer to massage her \u2013 groaning, breathing heavily and, on one occasion, sticking his finger in her mouth. On other occasions, he had her sit on his lap at a public pool and in her parents\u2019 spa pool. <\/p>\n
Auckland resident Zeak Smith was convicted of sexually abusing an intellectually disabled teen whom he had been hired to spend time with two days a week. Photo \/ Supplied<\/p>\n
He described to her his interest in bondage. <\/p>\n
Smith also told the teen he cared for her, even though he was dating another person at the time. <\/p>\n
\u201cThey don\u2019t know the situation,\u201d Smith told the teen when she asked him what would happen if their interactions were discovered. \u201cYou\u2019re young, you\u2019re curious. They wouldn\u2019t understand.\u201d<\/p>\n
\u2018This is a secret\u2019<\/p>\n
Court documents outline multiple incidents in which Smith touched the girl inappropriately while they were alone, including while watching movies in the girl\u2019s bedroom and while in his car outside her home. <\/p>\n
The longest and most graphic description of Smith\u2019s inappropriate interactions with the victim related to September 3, 2024 \u2013 the day before the girl went to her school nurse. <\/p>\n
The girl initially went along with some of the touching, \u201cas she was worried that Mr Smith would be angry at her if she did not do so\u201d, but refused his insistent requests for oral sex, court documents state. <\/p>\n
At one point, it is agreed, Smith put his hands around the girl\u2019s neck and said: \u201cIf I can\u2019t have you, no one can.\u201d While the two did not have intercourse, he touched her in a way that led her to believe she might get pregnant. <\/p>\n
\u201cHey running a few late sorry,\u201d he texted the girl\u2019s mum with a smiley face emoji as he instructed the victim to put her clothes back on and began driving her home at 8.43pm, two minutes before her curfew. <\/p>\n
He assured the victim she couldn\u2019t get pregnant when she voiced concerns but offered to buy her a pregnancy test to set her mind at ease. <\/p>\n
\u201cWe need to talk about professional boundaries,\u201d he also told her. \u201cI don\u2019t want you to think that I\u2019m some old creep or anything.\u201d<\/p>\n
But he also reminded her not to tell anyone what had happened. <\/p>\n
\u201cThis is a secret,\u201d he said, according to the agreed facts.<\/p>\n
\u2018Wakes up howling\u2019 <\/p>\n
Judge Bonnar noted during Smith\u2019s sentencing that the abuse has resulted in \u201csignificant and extreme consequences\u201d for not only the victim but her entire family. <\/p>\n
\u201cShe says that your actions completely changed her life forever,\u201d he said, referring to a victim impact statement submitted by the victim but not read aloud in court. <\/p>\n
Addressing the judge in person, the victim\u2019s mother said she and her husband have used up all of their leave trying to support their daughter, who has been pulled from school and can no longer be left alone because of her trauma. <\/p>\n
Smith\u2019s betrayal has caused the parents to no longer trust caregivers, which has left them exhausted trying to give her fulltime care. <\/p>\n
\u201cNight after night she wakes up howling from nightmares and I have to lie down with her and cuddle her until she can sleep again,\u201d the mother said, explaining her daughter has been diagnosed with post-traumatic stress disorder but has had difficulty finding a therapist suitable for her trauma and her disabilities. <\/p>\n
\u201cShe\u2019s often afraid to leave the house.\u201d<\/p>\n
On one occasion she had an intense stress reaction, nearly resulting in a car crash, after seeing a car that looked like Smith\u2019s, her mother recalled. On another, she saw a grocery store worker who resembled him and suffered a panic attack, screaming in the middle of the store. <\/p>\n
The teen has gained about 20kg in weight from stress eating at night when the rest of the household have fallen asleep, the mother told the judge.<\/p>\n
\u2018Trusted him completely\u2019<\/p>\n
The teen\u2019s mother said her nights have also been sleepless because of the guilt of having hired Smith. The stress has affected her health and resulted in her recent hospitalisation, she said. <\/p>\n
\u201cI treated him with so much kindness,\u201d she said. \u201cI paid him generously, cooked for him and trusted him completely.\u201d <\/p>\n
All she wanted in return, she said, was for her daughter to feel appreciated and valued. <\/p>\n
Part-time caregiver Zeak Smith appears in Auckland District Court for sentencing after his guilty plea to having sexually abused an intellectually disabled teen. Photo \/ Craig Kapitan<\/p>\n
\u201cBecause of what Zeak did, I will never be able to trust a caregiver again,\u201d she said, describing such distrust as \u201cdevastating\u201d for the parent of any special needs child. <\/p>\n
\u201cWhat he did to my vulnerable daughter … should never have happened.\u201d<\/p>\n
\u2018Significant lack of insight\u2019<\/p>\n
Smith tried twice in recent weeks to postpone the sentencing so he could have time to enrol in a rehabilitative programme. It\u2019s been difficult to find a good placement, defence lawyer Sam McCarthy said, because of the circumstances of the case. <\/p>\n
But two judges declined the requests, both noting Smith had plenty of time since his arrest to find treatment. <\/p>\n
McCarthy then argued his client \u2013 and in turn, the community \u2013 would be best served if he received a non-custodial sentence that allowed him to undergo privately funded therapy. It would no doubt be more effective than any programmes provided in prison, he said. <\/p>\n
In a letter submitted to the court, Smith accepted that what he did was wrong. <\/p>\n
\u201cFrom Mr Smith\u2019s perspective… it seemed to be something that had aspects that resemble a relationship,\u201d the defence lawyer said.<\/p>\n
\u201cWith a severely impaired young woman,\u201d the judge interjected, suggesting that, rather than painting the defendant in a better light, it showed a \u201csignificant lack of insight\u201d. <\/p>\n
\u2018He knew\u2019<\/p>\n
Defence asked for a sentence starting point of four years before factoring in 50% in reductions for his guilty pleas, youth, previous good character, remorse and efforts to find therapy. Prosecutors, meanwhile, sought a starting point of five and a half to six years, with substantially lower discounts. <\/p>\n
The judge, for the most part, agreed with the Crown. <\/p>\n
\u201cIt was clearly premeditated and planned,\u201d Judge Bonnar said, adding there were \u201celements of grooming here\u201d. \u201cYou manipulated her to try to keep matters secret.\u201d<\/p>\n
Judge Stephen Bonnar says the offending was clearly premeditated and planned. Photo \/ Sylvie Whinray<\/p>\n
He allowed a 10% reduction for Smith\u2019s guilty pleas to representative charges of exploitative sexual connection with a person with a significant impairment, punishable by up to 10 years\u2019 imprisonment, and exploitatively doing an indecent act with or on a person with a significant impairment, punishable by up to five years. <\/p>\n
His lawyer had asked for double the amount, pointing out Smith pleaded guilty immediately after authorities had revealed they found videos and photos on his phone showing him in a compromising position with the victim. Judge Bonnar was unswayed, pointing out that Smith waited until two days before his trial was to begin and had been prepared to call the victim a liar. <\/p>\n
\u201cHe knew what he had done,\u201d the judge pointed out. \u201cHe always knew what he had done.\u201d <\/p>\n
The judge also allowed a 5% discount for his youth but declined discounts for his prior good character, remorse or rehabilitation efforts. It would be wrong to reward his prior good character when that\u2019s what he used to gain the trust of his victim\u2019s parents, he said. <\/p>\n
Suppression denied<\/p>\n
As for Smith\u2019s last-minute permanent suppression bid, the judge noted the defendant did not have suppression for most of the court process \u2013 applying only after the Herald sought access to court documents. <\/p>\n
Smith said he had been assaulted shortly after his behaviour came to light, and his family said they believe their car had twice been tampered with. <\/p>\n
Zeak Smith’s last-minute bid for permanent name suppression was rejected by a judge. Photo \/ Craig Kapitan<\/p>\n
Vigilante justice must be condemned, the judge agreed. But the alleged attack, which did not result in any criminal charges, occurred before there had been any reporting on the case so suppression wouldn\u2019t have prevented it, he noted. <\/p>\n
Smith\u2019s crimes occurred before a law change last year that allows victims to veto bids for permanent suppression. Regardless, the judge said, the victim and her family were \u201cfirmly opposed\u201d to Smith keeping his identity secret. <\/p>\n