Cadena-Cundumi, who told the victim he was 22, bought the girls a box of Vodka cruisers, one bottle of spirits, and two boxes of Cody's bourbon and coke.
The girls became intoxicated and he invited the victim into a bedroom, to which she agreed.
He then locked the door behind them and they had sex. However, she found it uncomfortable so rolled over and it ended.
After leaving the room she complained to her friend, who confronted Cadena-Cundumi, and the pair became embroiled in a verbal and physical altercation.
Police were called.
Cadena-Cundumi's lawyer James Buckle told Judge Glen Marshall in the Hamilton District Court fidelity in marriage in Colombia was quite different to that in New Zealand, as was the legal age for sex. In Colombia it is 14.
The pre-sentence report writer noted the accused showed no empathy and was indifferent to what happened, writing that he attempted to downplay the incident.
However, Buckle said the victim was the one who asked Cadena-Cundumi to bring alcohol and it wasn't an attempt to groom her.
The accused had pleaded guilty to the representative charge of sexual conduct with a person under 16 so there was no attempt to downplay what happened.
Buckle suggested the pre-sentence writer might have been confused by Cadena-Cundumi's limited English and reliance on the use of a translator.
"We're dealing with different context of social norms. He accepts what he did is inappropriate in this country and is in fact illegal."
He urged Judge Marshall to impose a home detention sentence and said there was no risk to his daughters aged 10 and 12 or their friends.
But Crown prosecutor Paige Noorland said his risk of reoffending was assessed as being medium to high, which was a concern.
She said Cadena-Cundumi had been in New Zealand for 10 years and should know the laws here and that the offending involved a power imbalance.
She said while the sex was consensual it was still significant given he supplied them with alcohol.
Judge Marshall noted that neither Corrections, Oranga Tamariki, or police supported a home detention sentence, and that was likely because Cadena-Cundumi's daughters' friends visited their house and he hadn't undertaken any rehabilitative courses.
As for not understanding New Zealand law, the age of consent varied in South America. In Uruguay, it's 15, Venezuela 16, and Chile and Argentina, 18.
He accepted the Crown's argument about how long the accused had been in New Zealand.
Judge Marshall noted that Cadena-Cundumi and his partner had to flee their homeland because of guerrilla warfare but they had settled well in Hamilton. He was working fulltime.
"I do not see cultural factors, however, as being significantly linked to this offending... [however] I can take into account the dislocation [from his homeland]."
He gave Cadena-Cundumi discount for his previous blemish-free history and guilty plea, handing down a final sentence of 23 months in prison.
However, he gave Cadena-Cundumi leave to apply for home detention should a more suitable address become available.
Upon learning he was going to jail through the court-ordered interpreter in the dock, Cadena-Cundumi held his head in his hands and briefly crouched to the floor before looking in despair at his partner who was in the public gallery.
Outside court, a family spokesperson said Cadena-Cundumi was the breadwinner for the family and they would now have to rely on Work and Income assistance to survive.
