Aakash was charged with unlawful sexual connection, indecent assault, and three counts of doing an indecent act, all of which he admitted.
A clinical psychologist’s report prepared for Aakash’s sentencing in the Wellington District Court this week, suggested that post-traumatic stress disorder (PTSD) brought on by the abuse Aakash suffered as a child could cause someone to behave irrationally.
But Judge Noel Sainsbury rejected that, describing it as a bit of a jump to say PTSD was causative of the second lot of sexual offending.
Judge Sainsbury said while he could accept that PTSD impacted the man’s mental health, and made him more vulnerable to offending, it didn’t excuse it.
“It (PTSD) has an influence, but that only goes so far,” the judge said.
The sentencing took place in the Wellington District Court.
According to the summary of facts, Aakash was drinking with a group when one of the partygoers became heavily intoxicated, and they took her home and put her to bed.
Sometime in the early hours, the woman awoke to severe pain.
It was at that point that she realised the defendant was biting her nipples.
In an attempt to stop Aakash, she rolled over, only to be woken again by Aakash squeezing her bottom and sucking on her back, which left minor bruising.
She passed out, only to be woken a third time by Aakash sexually violating her.
Realising what was happening, the woman jumped out of bed and screamed for help.
In explanation, Aakash denied some of the offending, but maintained that most of the interaction was consensual.
He refused to make any comment when the police arrested him for masturbating in public in March this year.
At sentencing, the woman’s victim impact statement read to the court spoke of her loss of trust in people.
She’d been forced to take time off work and was left out of pocket as a result.
“I’ve lost countless nights of sleep due to flashbacks,” she said.
A woman on the bus expressed concern that children could have seen what was happening.
Judge Sainsbury said the victim impact statements made for sad and traumatic reading.
“This type of offending causes incredible harm; it is a terrible violation of a person’s privacy, and the effects live on. You will have heard that,” he said.
Crown prosecutor Claire Hislop submitted that while there could be some discount for remorse and rehabilitation prospects, a jail sentence was warranted.
Aakash’s lawyer, Zachary Meehan, urged the judge not to send his client to jail, highlighting his client’s lack of previous convictions, remorse, guilty plea, and efforts at rehabilitation.
He emphasised that his client had tried to seek help for his alcohol addiction, but because he was on bail, there were limited options.
But Judge Sainsbury wasn’t convinced that a community-based sentence would work, noting Aakash’s lack of family support and extensive network of friends.
Aakash’s flat was small, which wouldn’t help his recovery, he said.
Taking into account Aakash’s steps at rehabilitation, remorse, background, and previous good character, the judge arrived at a sentence of 27 months’ jail, saying it was important to ensure there were no further victims in the future.
The judge ordered that the three reports prepared for sentencing be provided to the Parole Board, in the hope that they would allow him to get alcohol rehabilitation upon his release from prison.
Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently she was working as a media adviser at the Ministry of Justice.