Sexual violation — rape — sexual offending against a family member — breach of trust — sentencing — R v AM [2010] NZCA 114. The defendant was found guilty of one count of rape of an extended family member. The defendant confessed his feelings to the victim who had replied clearly that her feelings for him were only those of a cousin. When she later fell asleep he kissed and penetrated her causing her to awaken and the rape to end. Aggravating features were the vulnerability of the victim, breach of trust, the familial relationship and the degree of harm caused as a result of the offending. The court took a starting point of six years and six months' imprisonment and applied discounts to reflect the defendant's previous good character, naivety and remorse. The defendant was sentenced to a term of imprisonment of five years and six months. Judgment Date: 23 January 2018. * * * Note: names have been changed to comply with legal requirements. * * *