A prospective pilot who crept into a drunk woman's bed and molested her will keep his aviation goals alive by paying the victim $10,000.
Samuel Patrick Hopewell (22) admitted in the Dunedin District Court yesterday a charge of indecent assault and Judge John Macdonald discharged him without conviction.
The court heard the victim did not oppose Hopewell's bid to escape punishment.
''That swings the matter in your favour,'' the judge said.
Carrying a maximum penalty of seven years' imprisonment, he stressed how serious the charge was but said that had to be weighed against the consequences of conviction to the defendant.
Documents provided to the court showed a blemish on Hopewell's clean criminal record might prevent him from obtaining a private or commercial pilot's licence, ''which you have been working towards for some time'', the judge said.
Judge Macdonald noted the defendant's studies to date had involved significant financial outlay and a conviction might see the Wanaka man deemed not a fit and proper person to fly.
Hopewell might still be obliged to inform Civil Aviation about the incident, the court heard.
On January 29, he was socialising at a friend's house when a female flatmate returned from a night out. The group consumed alcohol and eventually she went to bed. Hopewell later followed and slipped into her bed where she was asleep fully clothed.
According to a summary of facts, Hopewell touched the woman and kissed her on the lips. When she did not reciprocate, he put his hand inside her underwear. The illicit groping quickly woke the victim, who left the bedroom and ''raised the alarm'' with those in the lounge at the property.
After an altercation between the budding pilot and people at the flat, he left.
While Hopewell admitted to police he kissed the woman, Judge Macdonald said he neglected to tell them ''the whole story''.
''On the facts, it went very close to sexual violation.''
The woman found the incident traumatic, the court heard, and she said it had affected her trust in men.
When she was told about Hopewell's application for a discharge she was not against it.
Counsel Meg Scally said her client attended four sessions with a psychologist to address his alcohol consumption.
He had also done more than 40 hours of voluntary work.
The judge granted the discharge on condition Hopewell paid the victim $10,000 within a week.
