A judge has described an Afghan man’s groping of a teenager on a Queenstown bus twice in two days as "predatory behaviour".
That would leave Taheri at risk of deportation, but his "unique" immigration status meant it was a matter best left to the immigration authorities, Judge Williams said.
On November 14 last year, Taheri sat next to the victim on a public bus and began caressing her thigh.
She initially thought the contact was accidental, but the defendant persisted, pushing up against her as the bus went around corners.
He continued even after she moved her legs away from him, covering his movements with a puffer jacket.
When she moved to an empty seat, he stared at her until she got off the bus near her home.
Taheri repeated the assault in similar circumstances the next day.
After initially caressing her, he grabbed her thigh and squeezed until she pulled her leg away.
He resumed caressing her thigh a short time later.
When she changed seats at the same point in the journey as the day before, he got off the bus.
The victim told the court she now found it difficult to accept affection from those close to her, avoided conversations and socialising, and was "terrified" of using public transport.
She had developed an eating disorder and severe anxiety as a result of the attacks.
Taheri initially denied a charge of indecently assaulting a female aged 12-16, but finally pleaded guilty five months after his offending.
Defence counsel Mohammad Shabani sought a discharge on the grounds of the impacts on Taheri’s employment and his immigration status.
After leaving Afghanistan at the age of 2, he had been a refugee in Iran until coming to New Zealand 18 months ago.
A temporary work visa holder, he had been sponsored by his wife, an Afghan national and New Zealand resident.
The "deeply ashamed" defendant would be liable for deportation if convicted, but could not return to Iran, Mr Shabani said.
If he was deported to Afghanistan, his wife would not accompany him because of the treatment of women in that country.
Judge Williams refused the application, saying the offending was "clearly done for Mr Taheri’s sexual gratification".
It was persistent, occurred over two days and he had tried to hide his actions.
There was an element of premeditation and planning, as he had sat next to the victim a few weeks before the attacks.
The impacts on her had been "devastating for someone so young".
Taheri had not taken any steps to address the factors behind his offending, such as his alcohol use.
The defendant’s address was unsuitable for an electronically monitored sentence, and his lack of English made other options challenging, but he settled on a sentence of 150 hours’ community work and 12 months’ supervision.
Taheri must pay the victim $3000 reparation for emotional harm.
