Judge hits at ‘scandal’ of sex attack case that took 2 YEARS to get to court
DAD ‘FIRED UP ON DRINK’ AVOIDS JAIL OVER ASSAULT ON VULNERABLE 18-YEAR-OLD BUT ‘INEXPLICABLE’ PROSECUTION DELAYS MEANT UNFAIR WAIT FOR JUSTICE
A FATHER who lured a vulnerable 18-year-old girl to a house before sexually assaulting her has escaped an immediate jail sentence – because his case took two years to come to court.
The delay to the case was labelled a “scandal” by a judge and meant Mark Sessions’ victim had to wait more than two years for him to be sentenced.
Sessions, 46, of Wye Dale, Church Gresley, sexually touched the teenager in 2019, but was only sentenced on Tuesday for the offence.
Recorder Adrian Reynolds criticised the delay, which could not be explained by the prosecution, calling it a “scandal”.
Derby Crown Court heard on the morning of the attack Sessions had gone to have breakfast at a pub with a friend at 10am and had drunk six pints by 1pm. His friend described him as “stinking of alcohol”, the court heard.
He was being sentenced having already pleaded guilty to the sexual assault.
He continued drinking into the afternoon and finally left the pub at around 6.30pm. That night was when the attack took place.
Stephen Kemp, prosecuting, told the court: “She (the victim) chatted to the defendant and later said she was concerned he was acting in a ‘weird way’ and she felt he was ‘flirting.’”
Mr Kemp said Sessions started to grope the victim by touching her under her clothes, before trying to put his hand between her legs, but she resisted.
He said: “She froze and said [later to police] she was scared and didn’t say anything.
“She thought he was aware she didn’t want this to happen to her because something like this had happened before to her.
“He then left the room and went to the bedroom, telling her ‘you know where I am.’ She cried and had a panic attack. She got her belongings and left.”
After telling her mother what had happened, her mother called the police, the court was told.
Defending Sessions, Emma Hodgson said her client had no relevant previous convictions.
She added: “He apologised to her and is remorseful and aware of the emotional harm. He was unaware of her previous sexual assault and her [vulnerability].
“He is aware of the possibility of jail but if he is jailed he would lose his accommodation and employment. He plays a major role in his sons’ lives and they stay with him on weekends and during the week. He is concerned of the impact on them.”
Recorder Reynolds told Sessions: “What you did to that girl was an utter disgrace. You were 44 years old at the time and she was 18. You were old enough to be her father.
“Whether you knew about her [vulnerability] I cannot determine, but I am sure it must have been obvious to you that she was anything but a streetwise 18-year-old.
“I have no doubt that while fired up on drink you deliberately lured her (to the house) with the intention of taking advantage of an opportunity.
“You touched her while she was shaking and obviously not receptive to your advances.
“You did desist and pleaded guilty at the first opportunity. You have at least done the decent thing and admitted what you have done, but your planning this and her vulnerability are more important.
“Nevertheless, her parents must appreciate I am constrained by guidelines.
“I am dealing with you two years after this offence was committed. The prosecution is unable to offer an explanation as to why it has taken the police over a year to charge you.
“I say that is a scandal. It is unfair to you and it is grossly unfair to your victim and her family.
“Even though you committed this offence before the country went into lockdown, you weren’t charged until summer of last year and it’s taken another year to get you to court.
“While I’m tempted to send you to prison for this disgraceful behaviour, I feel in all the circumstances I cannot justify it and you are the beneficiary of that.”
Sessions was given a 16-month prison sentence, which was suspended for two years.
He will also be required to complete a rehabilitation activity requirement, an accredited programme, an alcohol abstinence programme and 100 hours of unpaid work.
He will also sign the sex offenders’ register for 10 years.