Chef Abhinav Khurana (22) appeared in the Dunedin District Court yesterday charged with two counts of sexual violation by unlawful sexual connection.
A staff Christmas function was held on December 6 last year at the bar and cafe where Khurana and his victim both worked.
The victim became extremely intoxicated and had little interaction with Khurana at the party, but awoke the next morning in a bed at his home with her clothes in disarray.
She asked him to drive her home immediately and he denied anything happened.
However, his story changed when he was interviewed by police 11 days later.
Khurana told officers the victim was so intoxicated she had to be lifted into his flatmate’s vehicle, where she slept for the rest of the ride.
When they arrived, Khurana said she was "completely dead" and that he struggled to remove her from the back seat of the car.
He placed her into bed, had a meal and changed his clothes.
When he returned he spent five minutes attempting to wake the woman by patting her on the face and pouring water on her eyes and top.
Khurana claimed the victim regained consciousness and began kissing him, to which he reciprocated.
He performed oral sex on the woman and penetrated her with his fingers, Khurana told police. Shortly afterwards, the woman fell to the floor.
Khurana described her as "blacked-out" and said it took all his strength to pull her back to the bed.
Khurana was interviewed again in January and reiterated the woman had asked him to perform the sex acts.
He said he told the woman nothing happened between them because he knew she had to go to work and did not want to stress her.
Counsel Sarah Saunderson-Warner argued that home detention should be considered as Khurana had pleaded guilty, been remorseful and complied with bail conditions.
She highlighted that Khurana grew up in India and had not had the same upbringing people in New Zealand had around alcohol.
Judge Kevin Phillips said that despite the pre-sentencing report pointing to his alcohol consumption of five or six shots of spirits, Khurana’s actions did not seem like those of an intoxicated person.
The assault was "no fleeting encounter" and Khurana had taken advantage of a vulnerable and drunken woman.
Judge Phillips also had "considerable reservations about the defendant’s remorse" and noted Khurana had only pleaded guilty after a sentencing indication on July 13.
Khurana had no real support in New Zealand and would be liable for deportation upon conviction, Judge Phillips said.
From a starting point of three years and three months, Khurana was sentenced to prison for 18 months.
