Man sexually violated sleeping student

A Hamilton man has been convicted of sexual offending against a drunken young woman who was asleep in her bed at a student hall of residence in Dunedin.

Nicholas Anthony Van Rooy (28) had denied sexually violating the young woman by having unlawful sexual connection with her on June 16, 2012.

His trial, before Judge Kevin Phillips and a jury, began on Monday in the Dunedin District Court, and ended with the jury returning a guilty verdict on Wednesday.

The jurors deliberated for about three and a-half hours. Van Rooy was convicted and remanded in custody for sentence on May 23.

Although he denied the charge, the accused did not dispute the acts alleged by the woman took place, defence counsel Paul Mabey QC said.

Van Rooy was with the young woman and digitally penetrated her as she claimed. The question for the jury was likely to be the issue of consent, Mr Mabey said.

The Crown case, argued by prosecuting counsel Craig Power, was the complainant became very drunk at a restaurant where Van Rooy and his brothers were also present.

She came home, was sick, then went to sleep in her bed. Van Rooy and his brothers were staying at the same hall of residence and the accused later went to the complainant's room, got into her bed and the offending took place.

The accused did not know the young woman and there were no grounds for him to believe she would consent to his actions, Mr Power said.