Hamilton woman Kate Gough avoids jail after sexually assaulting teen boy

Warning: This article discusses sexual assault and abuse

Audible gasps could be heard by a victim's supporters as a judge indicated he wouldn't be sending a 37-year-old woman to jail for sexually assaulting a teenage boy.

Two supporters of the victim of Kate Rochelle Gough's crimes walked out of the courtroom in the Hamilton District Court on Friday as Judge Thomas Ingram said a home detention sentence would mean she would receive more rehabilitative and psychological help from outside a prison's four walls.

A key part of the reason for that sentence was suppressed by the judge, who explained to shocked whānau that he fully backed a report by psychiatrist Dr Shailesh Kumar, who found Gough to be at a low risk of reoffending.

Judge Ingram also used that as a key factor in declining to add Gough to the child sex offender register, along with the fact her offending occurred over a short time - one month - last year.

'I'm being set up'

Gough's offending covered the whole sexual offending spectrum, including sexual intercourse.

On one occasion, Gough slept overnight in the victim's room with the door locked. When questioned about that by the victim's mother, she said she was worried the victim was depressed.

When questioned by police, she said she never had sex with the victim and said she was being "set up".

On the morning her trial was due to start in the Hamilton District Court in October, she pleaded guilty to nine charges, including doing an indecent act on a boy, sexual connection with a child under 16.

'I hate this life'

In his victim impact statement read to the court, the victim said he wondered if the offending was all his fault.

"I hate this life," he said.

The victim's father said his whānau hadn't been the same since Gough's offending.

"Our 14-year-old has had his childhood taken from him," and was concerned about the ongoing challenges he would face as a result of what happened.

"The impact has gone far beyond our son.

"My family has been torn apart."

'This was predatory conduct'

Crown solicitor Jacinda Hamilton labelled the offending as "a predatory course of conduct ... with a young and vulnerable victim".

She acted in a way to ensure she was alone with the victim and involved "the full spectrum of sexual acts".

Hamilton also took exception to the defence counsel pushing for discounts for her guilty pleas and remorse.

Gough had a sentence indication before trial, then turned it down, only to plead guilty on the first day of trial.

"This has been an emotional rollercoaster for someone who is a very young man.

"The pleas came at the last minute and in circumstances that were particularly cruel.

"Effectively, that very young person has been put through that stop-start of preparing himself... by the time of trial, much of the damage had already been done."

She suggested 5 percent was enough, as opposed to the defence counsel's request for 10 percent, adding that the Crown had an "extremely strong" case against Gough.

As for remorse, Gough had mentioned that evidence had been "fabricated" and again maintained that she had been "set up".

Gough had also voiced that opinion "with the community" before trial, and the victim's family felt threatened.

"I can only call it victim-blaming.

"One couldn't see that there's any credit for remorse at all."

As for Gough's psychological report, Hamilton urged the judge to "please treat it with a degree of caution" as it was all self-reported.

'She saved him going through a trial'

Asked by Judge Ingram about why he should allow 10 percent credit for her pleas, defence counsel Haley Gane said it saved the victim from having to go through the trauma of a trial.

She also pushed for 20 percent discount for Gough's background factors, 5 percent for her remorse letter, and suggested a home detention sentence as the most appropriate sentence.

She also urged the judge not to put her on the child sex offender register.

'None of us are perfect'

Judge Ingram agreed with Gane and issued discounts totalling 50 percent from his initial starting point of four years' jail.

On remorse, he noted that "none of us are perfect" as it took Gough a while to take responsibility for her actions.

Kumar's report essentially told him what was obvious: "You are a prisoner of your background".

"Most of the people who commit serious crimes have some background of trauma.

"I accept it has been a causative factor without which you wouldn't be before me today," and allowed 25 percent for her upbringing.

Judge Ingram also addressed any disgruntled whānau by saying that his job was to "look ahead".

"If she goes to prison, the prospects for her and every member of her family are poor.

"The chances of her getting meaningful psychiatric assistance in prison are limited.

"I accept that you do not present as a risk."

Where to get help:

• NZ Police.
• Victim Support 0800 842 846.
• Rape Crisis: 0800 88 33 00.
• Rape Prevention Education.
• Empowerment Trust.
• HELP (Auckland): 09 623 1700, (Wellington): 04 801 6655.
• Safe to talk: 0800 044 334.
• Tautoko Tāne Male Survivors Aotearoa.
• Survivors Network of those Abused by Priests (SNAP) 022 344 0496.

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

This story originally appeared in the New Zealand Herald.