A teenager who was sexually violated during a pajama party at a friend’s house says she now needs medications to help him sleep and suffered suicide nightmares and thoughts.
It took a year to go out alone after the incident and now she is afraid of her younger sister when she leaves.
“This incident really spoiled my confidence in people, for months after that happened, I didn’t leave much.
“It was more than a year for me to go out alone, it took more than a year before I thought of dating,” she said in court this week.
“I want it to be held responsible.”
But Nicolas Andrey Santos Florez escaped prison when he was convicted today with the judge, the crown and the defense agreeing that he had a history of drug use that led to psychosis and diagnosis of schizophrenia.
Instead, he was sentenced to 10 months of detention at home for sexual violation by illegal connection in June 2022, when the 16 -year -old was at a friend’s address.
There was a small meeting celebrating a flat warm up at the address where her friend lived with her boyfriend.
The boyfriend also invited his 22 -year -old friend Santos Florez.
As he went to bed at the address, the victim and two of his friends slept in the same bed and joined the victim’s friend’s boyfriend and Santos Florez, who slept at the end of the bed.
The victim was uncomfortable with the men in bed and both were invited to sleep on the floor.
At about 7:30 am the next day, Santos Florez returned to the end of the bed, where the victim was sleeping, reached the end of his pajama Pant leg violated her sexually.
The victim woke up without knowing what to do, so she pretended to snore to show that she was sleeping and not consenting.
The summary of the facts stated that the violation continued for about 30 minutes.
The victim ended up leaving bed, left the room and told her friends what had happened.
When spoken by the police, Santos Florez said he touched the victim and that she had asked. He said he wasn’t sure if she was awake or sleeping at the time and that when he stopped touching him, she got out of bed quickly.
Nicolas Andrey Santos Florez escaped the prison with the judge, the crown and the defense agreeing that he had a history of drug use that led to psychosis and the diagnosis of schizophrenia. Photo: Provided
Nicolas Andrey Santos Florez escaped the prison with the judge, the crown and the defense agreeing that he had a history of drug use that led to psychosis and the diagnosis of schizophrenia. Photo: Provided
‘She was vulnerable’
In tears, the victim went to the defendant, who was accompanied by an interpreter at the Christchury District Court.
“I had nightmares since this incident, I find it bad when I’m alone, I take sleeping medicines, since the incident I had suicidal thoughts.
“It has attracted over two years, giving evidence was stressful, I just want to move on with my life.”
The prosecutor of Crown Courtney Martin said she wanted to highlight the serious effect that the offense had on the victim and the effects of the ripple on her family.
“She was vulnerable, sleeping in bed at her friend’s house.”
In terms of the final sentence, Martin said Santos Florez was suffering from a serious episode of mental health.
The pre-Sentence report was positive, although he could not understand how the victim felt.
Martin said the detention at home seemed to be the least restrictive sentence.
Defense lawyer Joshua Lucas said not only Santos Florez, but his family was also aware of the damage caused.
His family intensified and assured him that he was not wandering the streets or using cannabis that caused the decline in his mental health, said Lucas.
“The future is brilliant if he is sentenced to household detention, with the support of his family and the Totara (mental health service), he knows this, if this happens again, he will be arrested.”
Judge Tom Gilbert said he had a starting point of three years in prison, which reduced to two and a half years because of mental illness.
A psychiatrist said Santos Florez had been suffering from schizophrenia that had been under development since 2019.
Judge Gilbert said the psychiatrist said schizophrenia affected the defendant’s ability to make clear and logical decisions, he was sometimes listening to voices.
“The psychiatrist makes these points because it affects the blame can be attached to you,” Judge Gilbert told Santos Florez.
“The prosecution accepts this report and I also have to accept it, the other thing the psychiatrist says is that sending you to prison would be extremely harmful to you because of your personal circumstances, so it explains why I reduced the starting point from three years to two and a half years.”
Judge Gilbert said he was obliged by law to give some credit for accepting responsibility and declared himself guilty, which is equivalent to 15%.
“The law also requires me to take into account its tender age, which requires another 15%; so when I do the math, the end point drops to 21 months.”
Because that was under two years old, the judge said he needed to consider detention at home.
Since the sentence was appointed, Judge Gilbert said he received more information, including an impact statement from the updated victim, which showed that the victim had been impacted “very significantly.”
“This has affected many different parts of your life, it is important that you understand that she wants the whole process to end so she can try to move on.”
Judge Gilbert said he received a pre-Sentencing report, which evaluated Santos Florez as a low risk.
Since the incident, he became well involved with mental health services and began to understand that the previous use of drugs had been one of the main reasons for his schizophrenia, the judge said.
A refugee from Colombia
Judge Gilbert told Santos Florez that he had good family support, he had arrived in New Zealand as a refugee from Colombia in 2014 and stopped using cannabis since his arrest.
“Usually, when someone is convicted of sexual violation, the law says it should be sent to prison, but the law says this can be overcome due to the personal circumstances of the offender or offense.
“In my opinion, the main one is your mental health, there is clear evidence that your psychotic disorder has contributed to this offense and your mental health problems means that prison would be particularly difficult for you.
“For these reasons, I agree with the crown, its lawyer and the pre-scent report that the appropriate sentence is detention at home for 10 and a half months.”
Sexual damage
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 experienced aggression or sexual abuse and need to talk to someone, contact insurance to talk confidentially, at any time 24 hours a day, 7 days a week:
• Call 0800 044 334
• Text 4334
• Send an email support@safetotalk.nz
• For more information or for chat on the web, visit safetotalk.nz
Alternatively, contact the Local Police Station – Click here to a list.
If you have been sexually assaulted, remember that it is not your fault.
Suicide and depression
Where to get help:
• Life Lele: 0800 543 354 (Available 24/7)
• Helpline of the suicide crisis: 0508 828 865 (0508 Tautoko (available 24/7)
• Young services: (06) 3555 906
• Youth line: 0800 376 633
• And there: 0800 942 8787 (11h to 21h)
• Depression Helpline: 0800 111 757 (Available 24/7)
• Rainbow youth: (09) 376 4155
• Helpline: 1737
If it’s an emergency and you feel that you or someone else is at risk, call 111.
