Golden Bay man who violated teenager during massage jailed

A teenager who was gifted a massage by a friend was ‘‘virtually asleep’’ when the masseur sexually assaulted him, a court has heard.

In the Nelson District Court on Monday, masseur Thomas James Hamilton, 33, was sentenced to 39 months in jail after a jury found him guilty of two charges of unlawful sexual connection.

The summary of facts described how Hamilton was living in Ta¯kaka when he met his 17-year-old victim in July 2020.

The victim, who was visiting from out of town and staying at a backpackers, and his friend asked Hamilton if the friend could buy him a massage as a treat, the summary said. Hamilton agreed, and the teenager went to his caravan on the grounds of the backpackers, where he was instructed to remove his pants and top, leaving his underwear on.

The victim became sleepy during the massage, the summary said. He then became aware that his underwear had been pulled down and Hamilton had sexually assaulted him.

The victim immediately got up and asked Hamilton, ‘‘What the f... do you think you are doing?’’. Hamilton replied, ‘‘I thought this is what you wanted’’.

The victim dressed, then told his friend what had happened, the summary said. The friend and another witness reported that he was ‘‘shaking uncontrollably and looking visibly upset’’. The victim left Ta¯kaka that evening.

Hamilton later texted one of the witnesses that he had ‘‘read the signs wrong and went too far’’.

A victim impact statement, read in court by a representative, described the effect of the offending on the student’s education and mental wellbeing. After the assault, he had endured a ‘‘traumatic’’ medical exam, he said. The incident had affected his social life, his friendships, his studies, and ability to live a normal life.

He then had to relive the assault two years later, during the trial. ‘‘The court experience was so upsetting, I was thrown off course.’’

Crown prosecutor Jackson Webber said that while the pre-sentence reports had not flagged any issues, he acknowledged that Hamilton could have a ‘‘difficult time in prison’’ due to his sexuality.

Defence lawyer Michael Vesty also raised concerns for his client’s sexual safety. Hamilton had been kept in relative isolation in prison, he added.

Judge Tony Zohrab said the trial had focused on whether Hamilton had reasonable grounds to believe that he had his victim’s consent.

While Hamilton had maintained that he had consent and was ‘‘innocent of the offending’’, the jury had decided otherwise, Zohrab said.

‘‘The jury made the right decision. Nothing in what [the victim] said or did indicated to you that he had the slightest degree of sexual or romantic interest.

‘‘The victim was isolated, away from his parents and family, alone in a caravan . . . He was tired and virtually asleep, you violated him for your own sexual gratification.’’

The teenager had been ‘‘stressed and anxious’’ at the time of the incident, and had told Hamilton about issues he was having, underscoring that he was in a ‘‘difficult position’’, Zohrab said.

Hamilton’s lack of insight was ‘‘breathtaking’’, the judge added.

‘‘You have given a lot of thought to your background and circumstances and how things have impacted on you. But I saw nothing about concern for the victim.’’

Zohrab reached his sentence of 39 months in prison from a starting point of three years and eight months. He applied a discount of 10% for difficulties Hamilton had experienced, but said he would not consider a sentence ‘‘short of prison’’.

‘‘Nothing in what [the victim] said or did indicated to you that he had the slightest degree of sexual or romantic interest.’’ Judge Tony Zohrab