Wānaka sex attacker keeps name secret after last-minute application

The 29-year-old man appeared in the Invercargill District Court yesterday after pleading guilty to a charge of sexual violation by unlawful sexual connection. Photo / 123rf

WARNING: This story discusses sexual violation and may be distressing.

A Wānaka man who admitted sexually violating a woman in his bed cannot be named after a last-minute application.

The 29-year-old man appeared in the Invercargill District Court yesterday after pleading guilty to a charge of sexual violation by unlawful sexual connection.

Judge Duncan Harvey sentenced the defendant to 11 months’ home detention.

After his application for final name suppression was declined by the judge, counsel Michael Walker asked that interim suppression continue in case of an appeal.

This means the defendant has 20 working days to appeal the decision in the High Court.

On November 7, 2020, he had gone to bed with the victim, who had said she did not want to have sex.

She fell asleep and the man watched pornography on his phone next to her.

He lifted the covers and violated her while she was sleeping, causing her to wake.

The next morning, she confronted the defendant and he apologised.

The court heard the victim complained to police the following year while she was overseas.

Despite the initial apology, and the admission of some wrongdoing, the man had told probation that any penetration had been an accident.

“I have very real concerns that you do not appear to accept what you’ve done,” Judge Harvey said.

“For you to claim that any insertion was an accident simply demonstrates that you do not accept responsibility.”

The man received credit for his previous good character and background.

He also received a discount for his guilty plea despite it being on the morning of his jury trial.

Walker said the late turnaround was due to an amendment to the summary of facts.

He argued his client was a “reserved man” and he should not be punished by being named.

He feared the deterioration of the defendant’s fragile emotional state and mental health issues through which he had been working in recent years.

The man told a report writer he did not want to be perceived as a rapist and word would travel fast in the small Wānaka community.

Judge Harvey ruled the hardship that might be caused if his name was published was not extreme and was a result of his offending.

“The nature of the charge will carry with it an inherent stigma, but that again is a natural consequence,” he said.

He noted the victim was opposed to the man getting name suppression.

“There has been damage done to her and it may be a long time before all of the effects of your offending are overcome, if they ever are.”

He accepted the defendant was known as a “polite, reserved and well-mannered man” who had no criminal history.