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Sam Thomas Foster, 20, appeared in the Dunedin District Court yesterday and was jailed for more than four years after earlier admitting one charge of rape.
In a statement the woman told the court Foster had taken her innocence and making the complaint was the hardest thing she had ever done
"I’ve had to sacrifice so much of my life for you to be held accountable for your actions," she said.
The court heard that in 2022, Foster and the victim were living in Salmond College hall of residence while in their first year of study.
In October 2022, the victim was drinking and socialising with a group of friends, including Foster.
By 11pm the woman was grossly intoxicated, floppy and unconscious on the floor.
CCTV showed her being put in her room by friends about midnight.
The defendant entered her room 15 minutes later and at 12.26am, a friend went in and found the woman vomiting.
Foster said she was "really f.....d up" and he was "just looking after her".
After the friend left, Foster locked the door and violated the woman.
She described fading in and out of consciousness and not understanding what was happening.
Later she awoke to find herself naked and the defendant raping her.
At 2.10am, Foster and the victim left the room and he drove her to Signal Hill to smoke a cannabis cigarette.
Foster told the woman that "they shouldn’t have done that" and she "can’t tell anyone".
The defendant told police he went into the victim’s room "just to chat" and he fell asleep beside her.
He claimed she had raped him, a rumour the victim said swirled through their cohort.
In a statement to the court she said she had been on edge since the offending.
"I’m constantly angry with the world [and] that there are people who would help themselves to things they know they can’t have," she said.
"With my naivety I believed you were my friend. Looking back it seems obvious that I was blindsided by you," she said.
She hoped he would change his ways.
"I hope you use this opportunity to fix the things that allow you to think it’s OK to do this."
The victim was studying at the University of Otago at the time and a spokeswoman for the university said it put "safety and support" measures in for her after the assault.
"Any incidents of this nature are taken extremely seriously by the university," the spokeswoman said.
Crown prosecutor Mary-Jane Thomas said the assertion by Foster he was the victim was "ludicrous".
Counsel Anne Stevens KC highlighted that at the time of the offending and police investigation, her client had not been diagnosed or treated for his ADHD and depression.
He was working to understand his diagnoses "so that he doesn’t ever behave in this dangerous way [again]", she said.
Mrs Stevens also pointed to Foster’s excessive alcohol use at the time.
Judge David Robinson said he had to impose a sentence that would denounce Foster’s behaviour.
"All too often we see young women be the victims of sexual offending in this context," the judge said.
"[She was a] highly intoxicated and highly vulnerable young woman who was in no position to resist you."
Foster’s remorse for his offending was a recent development and he told a pre-sentence report writer he felt the victim was "flirting" with him and said he "should’ve declined her advances".
The judge considered the offending was "impulsive" and said his youth meant he had a higher chance of rehabilitating.
Judge Robinson sentenced a shaking, sobbing Foster to four years and two months’ jail.
SEXUAL HARM
Where to get help:
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email support@safetotalk.nz
• For more info or to web chat visit safetotalk.nz
Alternatively contact your local police station - click here for a list.
If you have been sexually assaulted, remember it's not your fault.
