Man who raped a sleeping victim claimed she was the attacker

A Lower Hutt man who admitted to raping a semi-conscious woman initially tried to tell the police that the victim had taken advantage of him.

He even tried to reinforce his lies by telling police that his own girlfriend had performed sexual acts with him in the past while he was sleeping, asking his girlfriend to back up his story.

The allegations were called “bizarre” and “nonsensical” by Judge Denys Barry, who sentenced the man in Wellington District Court this afternoon.

Jesse Paul Delaney, 21, appeared in court after pleading guilty to rape and attempting to pervert the course of justice. His guilty pleas came on the day he was due to go to trial for the crime.

According to Judge Barry, the crime occurred when Delaney, then 19, and some friends agreed to spend a night at a rural property in Carterton in 2019.

The victim, who had just met Delaney, was part of the group of four.

The group traveled to Wairarapa together, spending time relaxing, exploring the property, and sharing some drinks. It had been agreed in advance that the two women would sleep in the only bed in the house and the two men would sleep in the living room.

But in the early hours of the morning, the victim woke up and Delaney came into the room and asked to share a bed with her.

She refused and he returned to the living room, where the other two people in the group encouraged him to return to the bedroom.

“Meanwhile, the victim had gone back to sleep. She was briefly awakened when she heard the door open and felt the defendant get into bed and put his arm around her shoulder, but she was too tired to stop or resist” said Judge Barry.

Delaney then sexually raped the woman as she slipped in and out of consciousness.

The victim then filed a complaint about the incident and the police arranged a formal interview with Delaney.

“During the formal interview with the police, the defendant said that he believed that the victim had sexually taken advantage of him without his knowledge while he was sleeping,” Judge Barry said.

“He reinforced this by saying that his current girlfriend had previously had sex with him while he slept.”

Delaney gave the police his girlfriend’s details and they contacted her to discuss what Delaney had said.

He told them that Delaney had asked him to confirm his version of events and lie to the police, and that he had initially agreed to do so, but had since changed his mind.

“One thing that tempers the seriousness of [the attempt to pervert the course of justice] it was that it was so strange, it was so incredible, it was such naive nonsense, it was never going to gain ground, “Judge Barry said.

However it was a “serious attempt, which fortunately was so bad that it was never going to take off,” he said.

Defense attorney Michael Bott said the crime was an “embarrassing and extremely embarrassing episode” for Delaney, who was drunk at the time and did not believe it would have happened if he were not drunk.

But Crown Prosecutor Kate Feltham said a large amount of alcohol was not consumed that night, and others in the group said Delaney had only had two or three cans of alcohol.

Judge Barry allowed discounts to Delaney’s sentence for his youth, naivety and impulsiveness potentially compounded by his underlying attention deficit disorder (ADD), his lack of prior convictions and his guilty plea.

While the guilty plea was not early in the process, it still came early enough that the victim could avoid testifying at trial, Judge Barry said.

He sentenced Delaney to 10 months of home detention with six months of post-release conditions.

Where to get help:

• If it is an emergency and you feel that you or someone else is at risk, call 111.
• If you have ever been sexually assaulted or abused and need to speak to someone, call the Safe to Talk Confidential Crisis Helpline at: 0800 044 334 or text 4334 (available 24/7 weekdays)
• Male survivors Aotearoa offers a variety of confidential support in New Zealand centers; find the closest one here.
• Mosaic – Personal Care: 0800 94 22 94 (available from 11:00 to 20:00)
• Alternatively, contact your local police station
• If you have been abused, remember that it is not your fault.