Community detention for indecent assault

A woman indecently touched at a party told a Taranaki court how she has struggled to trust anyone since the assault.

Yesterday, Keith Michael Pilcher’s victim read out her impact statement, detailing how his March 2017 indecent assault had changed her life. The woman, who cannot be identified, recounted how scared, angry, confused and ashamed she had been in the aftermath of the offending and the subsequent impact it had on her and her family.

She said her sleep and mental health had been compromised and she had been diagnosed with post traumatic stress disorder. The woman said she also felt like she could no longer trust people.

The summary of facts, which outlined the circumstances of the assault, stated Pilcher and the victim were at the same party and both had been drinking alcohol.

In the early hours of the morning, the defendant helped the victim to bed, where he left her, fully clothed. Later on, after more partygoers left, Pilcher returned to the bedroom and lay next to the victim. He then touched her intimately, despite the woman’s attempts to push him away.

When she woke up the next day, the victim found the 33-year-old lying next to her.

Pilcher previously pleaded guilty to a charge of indecent assault and appeared for sentencing in the New Plymouth District Court. Crown prosecutor Justin Marinovich said the aggravating factors included the breach of trust involved in the offending and how it had negatively impacted on the victim. He said an end jail term of between nine and 14 months was appropriate but did not oppose either a home detention or community detention sentence as a penalty.

Pilcher’s lawyer Susan Hughes QC submitted a community detention sentence was appropriate, as it would allow for Pilcher to continue his employment.

She said factors in mitigation for the defendant included his guilty plea and his remorse for his actions.

Hughes said the defendant offered to meet with the victim at a restorative justice meeting so he could apologise to her face to face, but this was declined.

Judge Chris Sygrove fixed a final jail term of nine months before transferring this into a six-month sentence of community detention, during which Pilcher will have to observe a daily curfew from 7pm-7am.