A judge has described the actions of a pensioner whose pornography addiction led him to sexually assault a teenage girl as an “aberration”.

Michael Paul Headifen was charged after a single incident in January last year when he cast pornography from his laptop to a television and attempted to make the teenager watch it. Later he attempted to sexually assault the girl and encouraged her to touch him inappropriately.

The Wellington District Court heard on Friday that the teenager rebuffed his advances and made it clear they weren’t wanted.

As a result of the offending the now 16-year-old victim said she felt sad and had stopped doing activities she had previously enjoyed, like swimming and going outside.

“I wasn’t really myself after it happened, I hurt myself a lot because I felt really uncomfortable in myself, I cut myself several times,” she said in a victim impact statement that was read to the court.

Judge Peter Hobbs said it wasn’t unreasonable to describe the pensioner’s offending as an “aberration”.

“You are 69 years old, and you have what is effectively an unblemished record, with one previous conviction for a driving-related matter.”

But a psychologist’s report suggested a possible motive; Headifen’s “significant and unhealthy addiction to pornography for an extended period of time”.

“Pornography is increasingly a feature in criminal offending and can and does have often significant impact on persons who consume it to excess”, the judge said.

“As I’ve said, it does appear you have a significant addiction to pornography and this may have contributed to your offending.”

Crown prosecutor Harshaa Prasad acknowledged home detention was a likely option, but sought a special condition prohibiting Headifen from accessing internet-capable devices.

Headifen’s lawyer, Steve Gill, didn’t oppose that condition and agreed home detention was the appropriate sentence.

He emphasised his client was keen to start treatment for his addiction, even attempting to undertake rehabilitation before sentencing, only to be told it wasn’t possible until sentencing was complete.

“He has this addiction, he’s prepared to deal with it”, Gill said.

Judge Hobbs said there were a number of aggravating factors including premeditation, the age of the victim and the significant breach of trust.

But he also noted both the presentence and psychologist’s report said Headifen had expressed significant remorse for his offending and concern for his victim’s wellbeing.

The reports also suggested Headifen was unlikely to reoffend, providing he received treatment, which the judge said he was more likely to get in the community than in prison.

Judge Hobbs said that given Headifen’s guilty plea, his prospects of rehabilitation and lack of previous convictions a sentence of home detention was appropriate.

On the charges of attempted sexual violation, doing an indecent act with a young person and indecent communication with a young person Headifen was sentenced to 12 months’ home detention.

Judge Hobbs also imposed several conditions, including that Headifen must attend an assessment for a WellStop programme and undertake counselling and treatment as recommended by his probation officer.

He was also not to associate with anyone under the age of 16, except in the company of an adult who had been approved by a probation officer.

He was not to contact the victim or to use or possess any internet-capable device without the prior approval of the probation service.

A protection order was granted for the victim, although the judge agreed Headifen’s inclusion on the sex offender’s register wasn’t required.

SUICIDE AND DEPRESSION

Where to get help:
• Lifeline: Call 0800 543 354 or text 4357 (HELP) (available 24/7)
• Suicide Crisis Helpline: Call 0508 828 865 (0508 TAUTOKO) (available 24/7)
• Youth services: (06) 3555 906
• Youthline: Call 0800 376 633 or text 234
• What's Up: Call 0800 942 8787 (11am to 11pm) or webchat (11am to 10.30pm)
• Depression helpline: Call 0800 111 757 or text 4202 (available 24/7)
• Helpline: Need to talk? Call or text 1737
• Aoake te Rā (Bereaved by Suicide Service): Call 0800 000 053

If it is an emergency and you feel like you or someone else is at risk, call 111.

Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently she was working as a media adviser at the Ministry of Justice.