Man convicted of incest, sentenced to five months home detention for having sex with sister

The man and his ex-partner were sentenced in the Wellington District Court. Photo / NZME

Warning: This article contains details which may distress some people

An Upper Hutt man has been convicted of incest and sentenced to five months home detention, and his former partner has been sentenced to community detention for being party to incest.

The pair appeared in the Wellington District Court on Wednesday for sentencing. A summary of facts read by Judge JM Kelly revealed in January 2020 the man, in his early 20s and his then-girlfriend were drinking at his home with the teenaged victim – the man's biological sister.

All three of them got into the man's bed. The man then had sex with his sister without her consent.

A victim impact statement read to the court revealed the victim's attitude to sex has changed, and they are reluctant to have sex, or date men. The victim has trouble sleeping, and experiences flashbacks to the event.

Judge Kelly told the court elements of premeditation and persistence comprised part of the offending – that the man's girlfriend told him to "just do it".

Kelly said the offending was serious and both defendants should take advantage of the court-ordered mental health assistance given to them in sentencing.

The man was sentenced to five months of home detention with the additional condition that he must attend an assessment with a psychologist and complete all recommended treatment to the satisfaction of his probation officer.

He is also ordered to have no contact with the victim, or with his former girlfriend without the prior written consent of a probation officer.

The woman will serve three months of community detention, with a curfew between 5pm and 4am. She is subject to the same assessment and treatment conditions of her male co-defendant and must also have no contact with him, or the victim without prior consent.

Judge Kelly urged the pair to use any and all services offered to them.

"You are both young and I really encourage you to take advantage of any counselling offered to you to ensure something like this never, ever happens again."

Sexual harm - Where to get help
If it's an emergency and you feel that you or someone else is at risk, call 111.
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Alternatively contact your local police station - click here for a list. If you have been sexually assaulted, remember it's not your fault.