‘Very sad’ that victim feels at fault: Judge

A woman repeatedly groped by a student at a Dunedin street party says she feels guilty about her choice of clothing that day.

Patrick John Hessian, 20, appeared in Dunedin District Court, where he made a bid to avoid conviction on a charge of committing an indecent act.

Judge Michael Crosbie declined the application and expressed significant concern that the victim felt any fault over the incident at the Hyde St Party on April 13 last year.

“I found it very sad, if not troubling . . . that in 2020, a young woman feels she has to apologise for what she decided to wear that day and that she currently believes that this will possibly change what she wears,” he said.

Hessian and his victim — unknown to each other until the day in question — were sitting on a fence among the throng of revellers. The defendant first tried to kiss the woman. There were several attempts, all rebuffed.

When Hessian tried to put his hands down the woman’s shirt, she told him to stop. Still, he continued.

Finally, according to court documents, the defendant put his face between her breasts. The victim fled and found a police officer.

Counsel Meg Scally said her client’s actions were born out of immaturity and alcohol consumption. It was a spontaneous lapse, she said.

But Judge Crosbie said there was persistence to his lewd behaviour. “She said ‘no’. She said ‘stop’.” In a statement, the victim wrote she still felt “massive guilt” about what had taken place.

“I couldn’t help wondering if it was my fault because of what clothes I decided to wear that day,” she said.

Hessian was sentenced to 100 hours’ community work and ordered to pay $1000 to the victim.

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