Home detention for videos and indecent assaults
Cheal Van took his cue from the sound of the shower.
Up he clambered, into the ceiling space and over the bathroom extraction fan.
From there he repeatedly filmed a teenage girl as she cleaned herself, unaware of the body above her.
She was also unaware of him indecently assaulting her in her sleep, taking photos as he did so.
Those video and photo files provided evidence of his crimes, for which the 24-year-old was sentenced in the Palmerston North District Court yesterday.
Judge Lance Rowe said Van could easily have been jailed, but imposed 12 months’ home detention because of Van’s lack of convictions and research that showed community-based sentences were more likely to result in successful treatment for sex offenders.
Van’s offending took place from January 2016 until June 2018.
Although how he and the teen know each other is suppressed, it can be reported they were at a property together on multiple occasions.
He would go into a room in which she slept and, while she slumbered, he took photos while indecently assaulting her.
He would also film her in the shower by climbing into the ceiling.
Defence lawyer William Kronast said Van came to New Zealand from Cambodia in 2000, but had to leave his parents behind.
He stayed with his grandparents, but adopted a policy of isolation, mainly keeping to his room and playing video games.
Van was unable to deal with the deaths of the grandparents in quick succession, resulting in further isolation from the world, Kronast said.
Then Van discovered porn, which he became addicted to.
The addiction went ‘‘into overdrive’’ when his uncle died in 2017, Kronast said.
‘‘Because of his isolationist life, he appears to have had no pro-social elements beyond his bedroom.’’
He had virtually no social interaction with women, with his views of the opposite gender morphed by porn, Kronast said.
He had since gone to counselling service Manline to get help, and an aunt was helping him open up about his problems.
A short lag in jail would not be as good as rehabilitation in the community with help from his family, Kronast said.
The judge said Van’s offending was marked by massive invasions of privacy, premeditation and a lack of remorse.
Although Van told a pre-sentence report writer he was personally embarrassed by what happened, there was not an iota of evidence he understood the harm he caused, the judge said.
He needed to ensure he got the help he required, because any further offending like this would end in jail time, the judge said.
As part of his sentence, Van is banned for two years from alcohol, non-prescribed drugs, devices capable of taking photos, and associating with children younger than 16 unless supervised by a Corrections approved adult.
The judge did not place Van on the child sex-offender register, despite saying there were several good reasons to.
The fact Van was going to undertake intensive treatment, combined with his lack of convictions, convinced the judge not to put him on the register.