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A married father convicted of indecently assaulting a woman at a party had his conviction overturned after successfully arguing the defence of “sexsomnia”.
And now the man’s name has been permanently suppressed to protect his wife and children.
There have been other cases of sexsomnia as a defence in New Zealand including a man in Rotorua who is appealing his conviction and sentence after that explanation was unsuccessful in a rape case.
In the case of the man who was successful, he was initially convicted at trial on two charges of indecent assault following events in 2016 arising from his alleged conduct with a woman he didn’t know well.
They were with others at a social gathering one night when he was alleged to have indecently assaulted her.
The man was accused of going into a room where the woman slept and indecently touching her.
However, the conviction was overturned on appeal late last year after the man served an electronically monitored sentence, on the defence of se
A young man who filmed himself and an underage girl having sex and then posted it on Snapchat is worried about being humiliated and embarrassed if his name is published.
The High Court yesterday dismissed his appeal against an earlier decision by the District Court to deny permanent name suppression.
But Open Justice still cannot name him as his lawyer has indicated he plans to lodge a further appeal.
The 21-year-old was denied permanent name suppression when he was sentenced in the Nelson District Court early last December on charges of unlawful sex with a minor and posting his exploits to a Snapchat group titled Lads Night.
His appeal was heard in the Wellington High Court this week, when through counsel he raised concerns about the harm to his reputation from the consequences of being named.
The defence argued his hopes of advancing in his desired professional career were already dashed by his “immature and inexplicable showing off” that had led to a conviction.
“It’s appa
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