Use of force against teen disturbing: judge
A CROMWELL man who forced a 15yearold girl to perform oral sex on him nearly eight years ago has been sentenced to home detention.
When he appeared in the Alexandra District Court recently, Dominic Charles Richard Forsyth (30) was sentenced to home detention after being convicted on a charge of doing an indecent act.
The offending occurred in Cromwell on December 3, 2015, when Forsyth was 23 and having an intimate relationship with the victim’s friend, who was also 15.
The victim was at a sleepover at the friend’s home when the latter, without parental knowledge, invited Forsyth over some time between midnight and 1am.
While the trio were in a caravan at the back of the property, the victim tried to sleep while her friend and Forsyth talked.
The defendant and friend then lay on the bed, with Forsyth between the two girls.
He started touching both girls’ thighs, bottoms and breasts over their clothing without the other knowing, and continued to touch the victim after she moved his hands away.
When the victim’s friend realised what the defendant was doing, she got up and left the caravan.
Forsyth then began forcefully kissing the victim, persisting as she tried to move away from him.
By holding her hand, he forced her to touch his penis, then made her perform oral sex by holding the back of her head.
When the victim told him she wanted to stop, he gripped her hand and made her masturbate him.
He eventually got up and left the caravan.
Soon after the incident, Forsyth sent her a message telling her not to talk to anyone about it.
Police prosecutor Ella Scown read out a statement by the victim describing how the incident had affected her mental health and relationships ever since.
When she had confided to adults in her life about what happened, she was made to feel she was to blame for getting herself in an unsafe situation.
Only in the past two years had counselling helped validate her feeling that what had happened was wrong, and not her fault.
Counsel Jacinta Grant said mitigating factors in the offending were the ‘‘oneoff’’ nature of the incident and the defendant’s lack of premeditation.
There was no violence, ‘‘even if the victim felt she had no choice’’.
The defendant had no criminal record at the time of the incident, and admitted the charge at the earliest opportunity, Ms Grant said.
He felt ‘‘extremely remorseful’’, but claimed to have no memory of the incident because of a prior traumatic brain injury.
Judge David Robinson said the defendant was persistent and ‘‘coercive’’ in his conduct against a much younger, smaller girl who was unable to resist.
She had been isolated and vulnerable after her friend left the caravan.
‘‘The most disturbing part of this case was the use of force.
‘‘You forced her to perform oral sex on you.’’
From a starting point of three years’ prison, he made reductions for Forsyth’s youth and lack of convictions at the time of the offence, and his early guilty plea.
That brought the term of imprisonment to 21 and ahalf months, which he converted to 10 and ahalf months’ home detention at a Cromwell property.
Forsyth must also do 200 hours’ community work, and pay the victim $2000 reparation for emotional harm.
SENTENCES imposed by Judge David Robinson in the Alexandra District Court recently were. —
Ayla Maria BeckMcLean (34), of Wairuna, possessing methamphetamine, June 9, Balclutha, nine months’ supervision.
Bradley O’Connor (29), roofer, of Cromwell, unlawfully interfering with a vehicle, August 13; intentional damage,
August 14, 75 hours’ community work, reparation $949, nine months’ supervision.
Richard Albert Timu (45), shearer, of Invercargill, aggravated drinkdriving (600mcg), Chatto CreekSpringvale Rd, August 27, 100 hours’ community work, disqualified 12 months.
Richard Ian Peter Joe Kopa (25), wool presser, of Omakau, drinkdriving (1127mcg), WedderburnBecks Rd, September 8, fined $1200, court costs $130, disqualified nine months.
Mary Reremoana Potae (52), wool handler, of ThamesCoromandel District, dangerous driving, driving while disqualified, Kapanga Rd, Coromandel, June 5, 80 hours’ community work, disqualified six months.
Samual James Tohiroa Frew (30), roofer, of Lowburn, failing to stop, resisting police,
September 12, Cromwell, 80 hours’ community work.
Alysha Monique Cleary (33), of Tarras, drinkdriving (796mcg), TarrasCromwell Rd, August 22, fined $800, court costs $130, disqualified seven months.
Nicola Anne McFadgen (54), caregiver, of Roxburgh, using a telephone to offend, July 29, sentence deferred 12 months.
Jeffery Neil Russell Tait (31), courier driver, of Alexandra, possessing cannabis, May 27, Clyde, fined $300, court costs $130.
Kane William Middlemiss (19), farm worker, of Omakau, dangerous driving, forbidden driving, failing to stop, September 8, 80 hours’ community work, disqualified seven months. — PIJF court reporter Guy Williams