Man jailed for sexual violation
A sexual violation that a man initially described as getting ‘‘a bit handsy’’ has landed him in jail.
Stanley Kyle Yeatman, 27, sent a text soon after the act saying: ‘‘I think I f..... up royally … I think I got a bit handsy and upset [the victim].’’
He’d followed the woman and her friend into bed, without asking or being asked, after walking them home from a party at his Hamilton home.
Later, he took a photo of the sleeping victim on his cellphone and she woke up to him touching her genitals.
Yeatman appeared in Hamilton District Court on Thursday and was sentenced to 20 months in jail for sexual violation and to three months for making an intimate visual recording.
He and his victim met for the first time at the party in January 2016, but had little to do with each other that evening or on the walk home.
When they went to bed, both were fully clothed, they were on different sides of the covers, and the victim fell asleep between her friend and Yeatman.
The friend left the room sometime before 2.30am, when the victim woke up to Yeatman touching her intimately.
She pretended to be asleep in the hope he’d stop, the summary of facts says, but he grabbed her breast and she pushed his hand away and moved.
Without her knowledge, he’d also used his phone to take a photo of her legs and bottom – covered only in underwear.
Once the victim heard a zip, she plucked up the courage to leave the room and find her friend, the summary says.
Yeatman left immediately, but texted the other friend shortly after.
‘‘From the moment he committed this offending, he knew he had done something wrong, because he sent that text,’’ Crown prosecutor Duncan McWilliam said in court.
Charges were laid in February 2017, Yeatman rejected a sentence indication in April 2017 and entered his guilty pleas in July.
That delay was hard on the victim, McWilliam said, referring to her victim impact statement: ‘‘I just want this to be over so I can put it behind me.’’
The assault affected her sleep patterns, work and study, he said, and she described feeling empty, alone and broken.
Yeatman was initially ashamed to tell his family what he’d done, which meant he didn’t have support, defence lawyer Thomas Sutcliffe said.
Once he had to tell them, ‘‘common sense came into play’’, leading to his guilty plea.
Yeatman had been petrified about the idea of going to prison, Sutcliffe said, and pushed for a sentence of home detention.
‘‘He deeply regrets the decisions he made and he’s come to accept that he’s entirely responsible for his own actions.
‘‘This is something which [members of his family] never dreamed he was capable of doing.’’
Yeatman could pay $3000 immediately as emotional harm reparation to his victim, Sutcliffe said.
Judge Glen Marshall used a starting point of two years and nine months in sentencing Yeatman for ‘‘the gross lack of judgment on your part that evening’’.
Yeatman got credits for good character ‘‘other than what occurred this night’’, his offer of reparation, and pleading guilty within six months of charges being laid.
However, Marshall didn’t think Yeatman had done enough to avoid a prison sentence, which is presumed for sexual violation cases.
The end sentence was 20 months in prison on the sexual violation by unlawful connection charge, and Marshall ordered Yeatman to pay the $3000 reparation.
The three-month sentence for making an intimate visual recording will be served concurrently.