A 46-year-old Blenheim man has been sent to prison for nearly six years after he was captured on CCTV camera sexually violating a drunk woman.
Dean Owen Pakai admitted the charges, two of sexual violation by unlawful sexual connection and one of indecent assault, in January.
In sentencing him in the Blenheim District Court yesterday, Judge Bruce Davidson said Pakai had encountered his victim by chance on May 6, 2012.
She was intoxicated and tired and the pair spoke briefly, before walking to a taxi stand and sitting on a bench.
The woman's degree of intoxication was such that she fell asleep, and fell to the ground, before Pakai sexually assaulted her for about half an hour, Judge Davidson said.
The assault had been intermittent, the judge said, with Pakai moving away when cars came into the area, and then continuing the assault when they were gone.
Some of the incident had been captured on CCTV cameras, Judge Davidson said.
According to the victim impact statement, the woman had been badly affected by the violation, both emotionally and psychologically.
"Quite wrongly she blames herself for what has happened . . . she is entitled as much as anyone else to a night out," Judge Davidson said.
Aggravating features included the fact that although the attack was not premeditated, it had been sustained once the opportunity presented itself.
"It occurred in a public setting, what you did was determined, it was taking advantage of an opportunity that presented itself to you," he said.
Pakai was given credit for his guilty plea, despite it taking 20 months to be lodged.
The delay was explicable by a "very thorough investigation" into Pakai's intellectual ability, which concluded he could not be classed as "intellectually disabled", but was "intellectually impaired".
His intellectual capability was taken into account as a mitigating factor, the judge said.
He sentenced Pakai to five years and eight months' imprisonment on the two sexual violation charges, and 18 months on the indecent assault charge, to be served concurrently.
- The Marlborough Express
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