
The mother of the girl confirmed at the Dunedin District Court yesterday that she was content with Daniel Kashmir Lomax (20) living at the address as long as he was barred from contact with her daughter.
Judge David Robinson sentenced the freezing worker to six months’ community detention, nine months’ supervision and 50 hours’ community work.
The court heard Lomax was attending a party at the victims’ home on April 15 last year.
Shortly after the first girl went to bed at midnight, the defendant entered her room and lay beside her.
Over the next 30 minutes, Lomax edged closer to the victim before wrapping his arm around her and rubbing his legs against hers.
When she told him to stop, he groped her over her clothing and only stopped when she pushed him off the bed.
Lomax went straight into the bedroom of a younger teen.
He told her he was intoxicated and would be sleeping on the floor, but within minutes he had slipped into the bed, the court heard.
Lomax repeatedly touched the girl under her shirt until she got up, saying she needed to use the bathroom.
She went to sleep in another room while the defendant remained in her bed until the morning.
Lomax left without comment but that afternoon he messaged their mother, apologising for his actions.
"I was quite pissed but that’s not really an excuse," he wrote.
Judge Robinson said the impact on the girls had been significant.
Both had been diagnosed with PTSD and were attending ACC-funded counselling.
The younger victim suffered "meltdowns" and the elder had pulled out of study because she could not cope with being away from home.
The court heard she felt responsible for what happened.
"Ultimately the only person that carries any blame is you," the judge told Lomax.
In an interview with Probation, the defendant was assessed as lacking insight, only considering things from the victims’ view when prompted.
He also said he would be bored if he was unable to consume alcohol while serving his sentence.
Judge Robinson said some of those issues had been reviewed by Lomax in a letter to the court, but he was sceptical over its authorship.
"I’m prepared to accept the underlying sentiment is yours even if the expression has been assisted by someone else," the judge said.
He considered imposing home detention but said he did not want to "unduly restrict" the defendant.
Lomax was ordered to pay each victim $1000.
"[Alcohol] led you down a dark path on this occasion . . . make sure this is just a blip on your record," Judge Robinson said.
He declined an Otago Daily Times application to photograph the defendant.