06 August,2010 02:52 PM IST | | Agencies
In a shocking case, a New Zealand court Friday sentenced a 62-year-old man to nine years in prison for sexually assaulting a woman in tandem with her husband when she was unconscious.
For the victim, the discovery that a friend had sexually violated and raped her in tandem with her husband was the ultimate betrayal. But to learn their actions had been photographed and the images stored on a computer was further degradation and humiliation, according to The New Zealand Herald.
Justice Douglas White of the Hamilton High Court sentenced Anthony Paylor Goodrick to nine years seven months in prison on seven counts of sexual violation by unlawful sexual connection and two of rape.
The woman's former husband Neil Graham Pitceathly was jailed for 18 years on multiple charges, last year.
In Friday's sentencing of Goodrick, Justice White said there was no other precedent to seek guidance from.
The jury heard that the photographs came to light when the victim asked a technician to check a computer.
The victim told the court she had been hospitalised five times and subsequent heart problems had reduced her life expectancy by 25 percent. She has been living with a pacemaker support and had suffered deep suicidal thoughts.
The charges relating to both men spread from Jan 1, 1999 to March 2007, although Goodrick was regarded as a lesser offender.
The prosecutor Rob Ronayne submitted Goodrick's conduct had had a harrowing impact on the woman and had been a gross breach of trust against a friend in the sanctity of her own home.
He also assisted in breaking the trust between a husband and wife. The victim had been violated in a multitude of ways in a crude and callous manner, the prosecutor said.
Defence counsel Paul Mabey rejected as "untenable" pre-sentence report claims that Goodrick was at risk of reoffending and should be referred to a programme for sex offenders.
Now he knew the long-term effects of his actions on the victim and he deeply regretted his involvement, Mabey said.
Justice White said the victim's husband had stupefied her, rendering her unconscious by plying her with a combination of sleeping pills and alcohol.
Goodrick must have known she was not feigning unconsciousness, the court said. "You offended against a vulnerable victim who could not defend herself, do or say anything."
The sexual acts had been humiliating and degrading. Goodrick's behaviour was abhorrent and in addition he had repositioned the victim for photographs to be taken.
Noting Goodrick's age, that he was on medication for angina, was remorseful and had not previously offended, Justice White said he did not consider these to be mitigating factors.
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