Sex offender who abused sleeping victim named
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Campbell Macpherson Lumsden, 30, was sentenced to 11 months’ home detention in the Invercargill District Court last month, after pleading guilty to sexual violation by unlawful sexual connection.
After Judge Duncan Harvey declined his application for final name suppression, counsel Michael Walker made an 11th-hour request to keep his client’s identity secret in case of an appeal.
Twenty working days later, no appeal had been filed.
On November 7, 2020, Lumsden had gone to bed with the victim who told him she did not want to have sex.
Once she was asleep, the defendant began watching pornography on his phone beside her.
He lifted the covers and violated her, which woke her up.
The next morning the victim confronted Lumsden and he apologised.
The following year the victim complained to police which led to the defendant being charged.
Judge Harvey was concerned Lumsden did not seem to be remorseful, and despite initially apologising, he claimed any violation was accidental.
He received credit for his previous good character, background and guilty plea, despite it being on the morning of his jury trial.
Mr Walker said the late turnaround was because of an amendment to the summary of facts, and said Lumsden was a "reserved man" who did not want to be perceived as a rapist.
Judge Harvey said the "inherent stigma" of the charge was a "natural consequence".
He acknowledged the victim was opposed to Lumsden getting name suppression.
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