Violator dodges jail term

A man who escaped jail for sexually assaulting a woman as she slept next to her partner has been told by a judge to become a better person.

Levin man Joshua Andre Bouterey was sentenced in the Palmerston North District Court yesterday to 12 months’ home detention for sexually violating a woman in February last year.

The offence happened when Bouterey, who was drunk, went into a bedroom where a woman and her partner were sleeping.

Bouterey violated the woman while she slept, but she and her partner awoke during the crime.

The partner chased Bouterey from the room.

Judge Jonathan Krebs said many people would not have shown the same restraint the partner and woman did at the time.

‘‘You are very lucky some kind of vigilante justice was not meted out on you on the spot.’’

Although the offending was spontaneous in a way, there also had to be some forethought to go into the bedroom.

Bouterey’s criminal history, while containing nothing nearly as serious as the violation, had a trend of alcohol being involved, the judge said.

Crown prosecutor Joshua Harvey said the victim was vulnerable, while the crime was a breach of trust because it happened in her home.

Her victim impact statement made it clear the crime caused her harm both at the time and afterwards, Harvey said.

That kind of offending would almost always justify going to prison, he said.

Defence lawyer Peter Foster said the law meant people who committed sexual violation had to go to prison unless an offender could show their circumstances justified a lesser sentence.

Bouterey was immediately remorseful for his actions, had offered to do restorative justice and offered to pay $3000 emotional harm reparation.

He was keen to do sexual rehabilitation programmes and would have already started one if not for the coronavirus lockdown.

He did not come from a wealthy background, so getting $3000 together for the reparation was a real gesture of remorse, Foster said.

The judge said payments such as those could be seen by some as trying to buy a lesser sentence, but it was clear it was being offered as a way to make amends.

Bouterey’s insight into his offending, remorse, lack of convictions and low risk of reoffending tilted the balance towards home detention.

‘‘I have given you a chance,’’ the judge said.

‘‘You have avoided prison by a very, very fine margin.

‘‘You need to take the chance I have given you to become a better person.’’

Bouterey was also given a first strike warning for violent offenders.