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A Central Otago molester has dodged a prison sentence despite it being his second sex crime.
Kelly James Gillan (46) had pleaded guilty to indecent assault for which he was sentenced in the Dunedin District Court yesterday to nine and a-half months' home detention.
The offence represented his second strike under the three-strikes legislation.
If he commits a third-strike offence he will serve the maximum penalty without parole.
For example, another indecent assault would land him in prison for seven years with no prospect of early release.
Gillan has been involved in musical theatre in Alexandra and was nominated for an OSTA (Otago Southland Theatre Award) last year.
In 2012, he was jailed for sexual offending against ''a young man in a hotel'' but he side-stepped a custodial sentence for his most recent crime.
Gillan - who gave evidence in the David Bain retrial in 2009 - had been drinking and socialising with friends on January 19.
He had not known the victim for long but ventured into the man's bedroom.
The victim woke at 1.30am to find Gillan ''pinching the end of [his] penis'' through his clothing.
He immediately confronted his molester - ''who gave a vague excuse'' - and then left the house.
However, he returned shortly afterwards and subjected Gillan to a beating.
The defendant initially claimed to be ''mystified'' as to why he was assaulted but later admitted the penis pinch.
While a report written on the defendant's attitude suggested he was not remorseful for what happened, he denied that was the case.
Defence counsel Anne Stevens QC said Gillan accepted full responsibility and would be grateful for any psychological counselling made available.
Judge Bridget Mackintosh said the main aggravating factor was that the crime had happened in the victim's home - a place he was entitled to feel safe.
The conditions of the home-detention sentence, which will run for six months after the sentence ends, are:
- Not to consume alcohol or drugs.
- To participate in a psychological assessment and any subsequent treatment.
- To participate in any other programmes as directed by Probation.