Christchurch Uber driver indecently assaulted and photographed intoxicated, sleeping teen passenger

A Christchurch Uber driver indecently assaulted a sleeping passenger. Photo / 123rf

Warning: Story contains description of sexual assault

An Uber driver who inappropriately touched and took intimate photos of his intoxicated teenage passenger while she was sleeping has been accused of trying to justify his behaviour.

Teck Wong, 47, picked up his 18-year-old victim from outside a Christchurch bar and then “took advantage” of her when she fell asleep in his car.

Wong appeared in Christchurch District Court on Thursday for sentencing on one charge of indecent assault and one of making an intimate visual recording.

According to the summary of facts, in August last year Wong picked up the teen in the early hours of the morning.

He drove her to where she was staying but the victim asked if she could wait in his car until her friends arrived, which Wong agreed to.

But when the victim fell asleep, her skirt slipped up slightly, the court heard.

Wong reached over to brush her underwear to the side, making contact with her private parts. He then took three photos of her genitals on his phone.

When Wong was later spoken to by police, he said he had deleted the photos and his phone was seized.

In court, Judge Tony Couch said the offending was a “gross breach of trust” and Wong could not have believed she was consenting as she was asleep.

“You saw this as an opportunity for personal gratification and you took it. As a mature adult you should have known this was totally unacceptable.”

Judge Couch said passengers of taxis or similar vehicles are entitled to feel “entirely safe” from interference or attack from drivers, something Wong had not demonstrated.

“The victim remains seriously affected by what you’ve done which is likely to continue into the future. You are responsible for that.”

Wong’s lawyer Chris Nolan said his client had shown genuine remorse, was willing to engage in treatment to address his behaviour and presented a low risk of reoffending.

But the judge rejected Wong’s remorse, stating reports provided to the court suggested he was repeatedly trying to “justify or rationalise” his offending.

“I see little or no recognition of the harm you have caused to this victim. I do not accept you are genuinely remorseful,” he told Wong.

Nolan said Wong acknowledged the victim was vulnerable as she was intoxicated and asleep and should have been safe in his Uber.

He said while Wong’s hand brushed against the victim’s genitals when he pulled her underwear back, this wasn’t sexual in nature.

Nolan said an emotional harm payment of $1000 had been paid to the victim following a restorative justice meeting.

The court heard Wong had since been prohibited from holding a passenger endorsement license, meaning he could no longer work as an Uber driver.

Judge Couch sentenced him to 10 months of home detention with special conditions.