Delusion of consent by thought

A man who indecently assaulted a woman has been found not guilty by reason of insanity after thinking she had agreed to have sex with him through their thoughts.

Hagai Alan Tera appeared in the Palmerston North District Court on Monday charged with four charges of wilful damage, theft and indecent assault.

He had already entered guilty pleas for the wilful damage and theft charges, which related to three cars being damaged and a portable radio, and stealing socks and body wash.

Judge Lance Rowe said at the time of this offending Tera was off his medication and reports showed he was clearly unwell.

However, he understood his actions and was fit to plea on the charges. He was convicted of those five charges, but instead of a sentence he was directed to be treated as an inpatient under the Mental Health Act at Palmerston North Hospital in ward 21.

The charge of indecent assault saw Tera found not guilty by reason of insanity.

Rowe said the position was different on this offending as reports showed Tera was either schizophrenic or in acute psychosis at the time of his actions.

Tera had been off his medication for months and he thought the complainant had engaged in a thought process with him where she agreed to have sex with him, after which he attempted to grab her while asking her to have sex with him.

Rowe said this was consistent with his delusional belief she had agreed to have sex with Tera.

Under the circumstances, Rowe said the only reasonable verdict was to find Tera not guilty and acquit him on the charge of indecent assault on the grounds of insanity.

Having found him not guilty on the grounds of insanity another order was made for Tera to becoming an inpatient at Palmerston North Hospital in ward 21.

Reports showed Tera was either schizophrenic or in acute psychosis at the time of his actions.