Samuel David Mackey, 22, appeared in the Dunedin District Court yesterday after earlier pleading guilty to attempted rape, sexual connection and sexual conduct with an under-16-year-old.
The court heard that in June 2023 the defendant and victim were attending a birthday party in Alexandra and had been socialising throughout the night.
The victim, who was 15 at the time, became "quite intoxicated" and was put to bed by other partygoers, a Crown summary said.
Later, Mackey got into bed with the girl and forced her to perform a sex act on him while he sucked on her neck and kissed her.
He then grabbed her head and more intrusive sexual conduct followed before Mackey suggested intercourse.
The victim repeatedly told the defendant "no" and tried to push him away, but he continued to attempt to rape her.
Other partygoers found Mackey in bed with the victim and questioned what he was doing before they dragged him out, forced him into another room and delivered some rough justice.
The defendant was taken home shortly after.
In a statement to the court, the victim said she had withdrawn from everyday activities such as school, work and socialising with friends.
Since the offending she had self-harmed, including by pulling out her hair and scratching her skin raw and bloody.
"I struggle to sleep at night because I’m always thinking about what happened ... it consumes my mind," she said.
"Although today may bring closure to my abuser, the effects for me are lifelong."
Yesterday, the court heard the defendant told a probation officer the victim had initiated the sexual behaviour and wanted to have sex, but also acknowledged he was aware of her age.
Counsel John Westgate pointed out his client’s youth and prior good character.
Mackey was employed, well-regarded by people around him and was sorry, the lawyer said.
"This defendant has matured, and gained insight and accepted responsibility and he’s grown up."
The incident was a "one-off", Mr Westgate said and he argued a sentence of home detention should be imposed.
Crown prosecutor Craig Power said the victim was vulnerable because of her age and intoxication and highlighted Mackey’s persistence.
The defendant’s attempt to "victim blame" showed a lack of remorse, Mr Power said.
Judge David Robinson did not accept the victim had initiated the sexual activity and noted the defendant applied "some measure of force or coercion" to the unwilling girl.
"There was no scope for you to have any doubt," the judge said.
The judge gave the defendant credit for his youth, prior good character, remorse, guilty plea and time spent on bail.
Mackey was sentenced to two and a-half years’ imprisonment.
Because of his sentence, the defendant was automatically added to the Child Sex Offender Register.
Judge Robinson declined an Otago Daily Times application to photograph Mackey.
