A first-time offender wept after being jailed indefinitely for refusing to try to give up his fetish for wearing nappies.
In the High Court at Whangarei yesterday, Kevin Ronald Simmons, aged 45, was sentenced to preventive detention for sexually violating a 3-year-old boy at Paparoa on April 9.
The Matakohe farmhand snatched the boy from a roadside and drove him to a secluded spot where he sexually violated him with his finger. He also fondled the boy's penis while masturbating.
Justice Laurenson said preventive detention had to be imposed as he did not think a finite sentence would protect the public.
There was a substantial risk Simmons would reoffend because he was unable to "withstand the impulses engendered by the fetish." Justice Laurenson was concerned Simmons was unwilling to seek treatment for his "sexual expression" and showed no inclination to stop wearing nappies.
"While this continues, the fantasising will continue, which includes the involvement with young children."
Simmons' fetish had over the past 35 years provided him with sexual gratification, comfort and protection.
He had admitted fantasising about wearing nappies while lying next to young children in nappies.
Simmons had also committed five burglaries in which he stole nappies and baby toiletries from farmhouses.
Crown prosecutor Peter Magee said Simmons denied being a paedophile despite his "gross paedophilic act" and had only reluctantly admitted his fantasies.
Justice Laurenson said the opportunist offending was traumatic for the child and family.
He also sentenced Simmons to 8 years' jail for the kidnapping, 4 years for committing an indecency, and 2 years for each of the burglaries.
All sentences were to be served concurrently with the preventive detention which - like a life sentence - carried a minimum eligibility for parole of 10 years.
He ordered Simmons be assessed for, and attend, any treatment programmes directed by prison authorities.
Simmons' lawyer, Dave Sayes, said he would seek an appeal against the sentence on Monday.
Through Mr Sayes, Simmons apologised to the boy's family, who were in court.
Nappy fetish led to abuse of boy
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