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WARNING: Sexual content.
A Wellington man caught on camera performing a sex act in his neighbour's house has escaped conviction and will also keep his name secret.
Despite opposition from the Herald, details about the man's occupation and career have also been suppressed by a judge.
The man's offending came as he entered his female neighbour's home at night twice, stripped naked and masturbated. She was not in the house at the time.
The second incident occurred when the man went back to look for a headlamp he believed he had accidentally left behind. While inside, he again performed a sex act.
The offending was captured on a camera the woman had set up to monitor her pets.
The man appeared in the Hutt Valley District Court for sentencing this afternoon, having already pleaded guilty to being unlawfully in a building.
NZME, the Herald's publisher, and Stuff opposed permanent name suppression, which was sought by the man's lawyer, Shanna Bolland, on the grounds that his career would be forever ruined and a high-risk of self-harm if his name was published.
Bolland said the offending arose while he was "in the grip of a complex and chaotic psychological state".
"There were a number of circumstances, sir, that coincided to trigger an overwhelming psychological response," she told the judge.
Psychologists assessed the man as being at serious risk of suicide, and Bolland said his suicidal thoughts had recently progressed to "plans".
"Emotionally and psychologically, sir, he is oscillating between slivers of hope and abject despair and hopelessness," she told Judge Tim Black.
The victim asked the court not to give him suppression, saying she felt "isolated" being unable to talk openly to family and friends about what had happened.
The 48-year-old woman read her victim impact statement in court and said she worked hard to afford a home in the pricey suburb because she believed it would be a safe place to live alone.
"Perhaps the law does not recognise [the defendant] masturbating after he entered my home as a serious matter but I feel that it is, at its core, a threatening behaviour," she said.
The man appeared in the Hutt Valley District Court this afternoon. Photo / File
She questioned whether he would be able to work with vulnerable members of society, or how future neighbours would know not to give him their house keys to water their plants while away.
When making the permanent suppression order, Judge Black said the man was not a risk to anyone other than himself.
He found there was a "real and appreciable risk" the man could harm himself if his name was to be published.
While it had been pointed out that people of position and privilege shouldn't be treated differently, the judge noted they should also not be "worse off" because of it either.
Bolland also applied for a discharge without conviction for her client.
Judge Black said the offending was not "what we would traditionally consider as sexual offending or sexually motivated".
"It is fair to describe this offending as a complete aberration."
He considered the man's previous good character, "clear remorse", restorative efforts and guilty plea to all be mitigating factors.
Judge Black noted a conviction would also make it difficult for the man to continue in his career.
Safe to talk (sexual harm): Call 0800 044 334 or text 4334
All services are free and available 24/7 unless otherwise specified.
For more information and support, talk to your local doctor, hauora, community mental health team, or counselling service. The Mental Health Foundation has more helplines and service contacts on its website.
