On November 20, last year, 35-year-old Jonathan Edward Lal and the woman were warned by police for having sex under a duvet in the Octagon.
The next day police were called to the Dunedin Railway Station due to the pair’s offensive behaviour and later that night, another 111 call was made.
Lal appeared in the Dunedin District Court last week facing a charge of assault with intent to commit sexual violation after he was witnessed removing the "lifeless" woman’s pants as she lay on the steps of St Paul’s Cathedral.
Members of the public saw Lal reposition her legs and climb on top of her as she lay motionless.
After placing a duvet over himself, the man was witnessed moving up and down on top of the woman, only slowing when interrupted by police.
When Lal emerged it became apparent the victim was unresponsive and naked from the waist down.
Lal had no pants on and told police "everything was above board" as they had simply been "showing their feelings for one another".
After shouting the woman’s name multiple times, police managed to wake her.
She was heavily intoxicated, had slurred speech and could barely open her eyes.
She requested medical attention and was transported to hospital.
"It is significant that the level of your victim’s impairment was no deterrent," Judge David Robinson said.
"There could have been no basis for arguing consent given the state of the victim ... [she] was comatose.
Lal exhibited "limited expressions of remorse" and only appeared to be regretful that his behaviour had landed him in prison, the court heard.
"It is concerning that you don’t accept the behaviour was predatory in nature," the judge said.
"This may not have been an isolated incident."
Lal would regularly consume upwards of 12 beers a day and had "little desire" to change his ongoing alcohol issues, the court heard.
The officer in charge of the case provided a statement to the court, saying the woman was "now rebuilding her life" and her recovery had been the "biggest she had witnessed in over 25 years with the police".
The man pleaded guilty to assault with intent to commit sexual violation due to issues surrounding the "evidential basis of rape", the court heard.
Lal was sentenced to 38 months’ imprisonment. The judge said he was a moderate risk to the community.
erin.cox@odt.co.nz
PIJF Court Reporter
