
Sarmad Milhim, 43, later shared the footage of the crime with his brother in Syria "for a laugh", the Dunedin District Court head this week.
In December 2023, the defendant heard children yelling in the victim’s flat and went over to investigate.
Once there, he invited the family to his own home and shared alcohol with the mother.
Despite the mother’s reluctance, Milhim accompanied them back to their residence so she could put the children to bed.
But because of her state, she passed out on the couch.
What happened next would never have been discovered had Milhim not captured the incriminating evidence.
Footage found by police on his cellphone showed him molesting the unconscious woman as her preschool-aged child can be heard crying in the background.
As the violations took place, the boy told Milhim: "don’t hurt my mum".
But the protestations appeared to have little impact on the defendant, who filmed himself smiling and poking his tongue out at the camera.
In the message sent to his brother, Milhim said the best thing was that the child was encouraging him.
Just days later, the court heard, the defendant returned to the victim’s home after she invited him over for coffee.
When he tried to kiss her, the woman pulled away, but he was undeterred by the knock-back.
Milhim put his hand up the woman’s dressed then forced her on to her back, attempting to part her legs as she voiced her discontent.
As the resistance continued, the defendant made a lewd comment and then left.
The woman now experienced "severe social anxiety" and struggled to trust people.
"She’s traumatised by the fact she was unable to protect her children," Judge David Robinson said.
The crimes were aggravated by a "disturbing" Probation report in which Milhim — despite his guilty pleas — blamed the victim and said everything that had happened was consensual.
The woman’s child was only crying because he had taken a phone off him, the defendant said.
Counsel Sarah Saunderson-Warner said her client experienced a disadvantaged childhood, growing up in the midst of war before fleeing to Indonesia and finally New Zealand where he was allowed refugee status.
"I accept you have had a most awful and traumatic upbringing," Judge Robinson said.
But he ruled there was no causative connection between Milhim’s background and his crimes.
"It’s more driven by sexual desire then deprivation," he said.
Milhim was convicted of two charges of sexual violation by unlawful sexual connection, two indecent assault and distributing an objectionable publication.
He was jailed for five years, four months.