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Cody John Hurring (30) appeared in the Dunedin District Court yesterday after pleading guilty to assault with intent to commit sexual violation shortly before a scheduled jury trial.
Judge Kevin Phillips said the experience had been “catastrophic” for the victim, and the stress of potentially having to give evidence at the impending trial had caused her serious health issues.
“The psychological injuries will be with her for a long time,” he said.
She had been socialising with Hurring on September 13, 2018 and the pair visited a bar before returning to the defendant’s home.
As well as alcohol, they consumed ecstasy, the court heard.
Hurring assisted the woman into bed and helped remove her clothing.
However, when she woke up she found the defendant naked and spooning her with his hand on her breast.
The victim removed his hand and told him to leave several times.
Even informing Hurring she was menstruating saw no change in his persistence.
“The defendant then grabbed [her] by the shoulder and pulled her on to her back, he placed a hand on her chest holding her down,” a police summary said.
“The complainant told him to get off, he didn’t listen and pulled her knickers down.”
Hurring stopped the assault shortly afterwards but continued the indignity by committing a final lewd act.
When interviewed by Probation recently, he put his offending down to his use of alcohol and drugs at the time.
Counsel Sarah Saunderson-Warner said her client was a self-employed builder and that home detention would mean he would have to go on the dole.
It did not soften Judge Phillips’ stance.
The sentence would be home detention or imprisonment, he said.
Nearly three months earlier, Hurring had offered $5000 in emotional-harm reparation to the victim, but when he turned up at court yesterday he only had $3000.
The judge said he would not have the victim suffering the shame of being drip-fed payments, and ordered the defendant to pay the remaining $2000 by November 20.
Hurring was sentenced to eight months’ home detention and 200 hours’ community work.
He was ordered to undertake drug and alcohol counselling.