A Hamilton man has been convicted of sexual offending against
a drunken young woman who was asleep in her bed at a student
hall of residence in Dunedin.
Nicholas Anthony Van Rooy (28) had denied sexually violating
the young woman by having unlawful sexual connection with her
on June 16, 2012.
His trial, before Judge Kevin Phillips and a jury, began on
Monday in the Dunedin District Court, and ended with the jury
returning a guilty verdict on Wednesday.
The jurors deliberated for about three and a-half hours. Van
Rooy was convicted and remanded in custody for sentence on
Although he denied the charge, the accused did not dispute
the acts alleged by the woman took place, defence counsel
Paul Mabey QC said.
Van Rooy was with the young woman and digitally penetrated
her as she claimed. The question for the jury was likely to
be the issue of consent, Mr Mabey said.
The Crown case, argued by prosecuting counsel Craig Power,
was the complainant became very drunk at a restaurant where
Van Rooy and his brothers were also present.
She came home, was sick, then went to sleep in her bed. Van
Rooy and his brothers were staying at the same hall of
residence and the accused later went to the complainant's
room, got into her bed and the offending took place.
The accused did not know the young woman and there were no
grounds for him to believe she would consent to his actions,
Mr Power said.