A man prosecuted for failing to use a condom while with a prostitute has escaped conviction.
The charges related to two sex acts the man paid for in October last year in Wellington.
His lawyer, Mike Antunovic, told the Wellington District Court the man was extremely remorseful and had no knowledge of the legal requirement to wear a condom during sex with a prostitute.
He said a conviction would also prevent the man from using the clean slate provisions to remove a few teenage convictions from his record.
Judge Bill Hastings agreed a conviction would outweigh the gravity of the man's offending and discharged him without conviction.
However he declined the man's application for permanent name suppression.
The man's lawyer indicated he would appeal against that decision, meaning his name still cannot be published.
