SEXUAL ASSAULT OF CHILD UNDER 13

It had not been an abuse of process to prosecute an elderly man for an historic offence of sexual assault which had been committed against a seven-year-old family member. The 23-year delay between the offence and trial did not of itself justify a stay of prosecution, and the judge had been entitled to determine that the offender, who suffered from dementia and other physical ailments, was fit to plead and stand trial.

A judge had not erred in imposing a sentence of imprisonment for public protection on an offender following his guilty pleas to a number of sexual assaults of children under 13. The imposition of an extended sentence, coupled with a sexual offences prevention order, would not have enabled an assessment to be made before release of the success or otherwise of any sex offender programme or other work undertaken in reducing the risk the offender presented.

A non-custodial sentence was unduly lenient for a young offender of previous good character who had pleaded guilty to sexual offences involving a girl under 13: a custodial sentence of two and a half years was substituted.

A judge had not erred in admitting evidence of an individual’s previous conviction for possessing an indecent image of a child in his trial for rape and sexual assault of a child. It was admissible as evidence relevant to an issue in the case, namely his inappropriate sexual interest in young girls.

It was not arguable that either a total sentence of 29 years’ custody with an extended licence period of six years imposed on a former rock band singer for various sexual offences against children and young persons, or a total sentence of 17 years’ imprisonment imposed on a woman who had allowed the singer to sexually assault her 12-month-old baby daughter, were manifestly excessive.

In a case where the defendant was accused of sexual offences against his daughter, the judge had been correct to refuse to admit the evidence of a retired psychiatrist and psychotherapist: her thesis of false memory syndrome lacked evidence to support it.

There was no basis on which to extend time to allow an offender to appeal against his convictions for rape, sexual assault, and causing or inciting a four-year-old child to engage in sexual activity. Although the normal trial process had had to be modified in a number of ways because of the victim’s age, the judge had taken great care to ensure that the trial was fair.

Where a 12-year-old complainant had alleged sexual abuse by her uncle, the trial judge had been entitled to refuse to allow her to be cross-examined about her previous sexual experience. What, if any, sexual experienceshe might have had was not an appropriate area of investigation and was not of substantial probative value in relation to whether she might have been lying about the conduct of her uncle .

A total sentence of four-and-a-half years’ imprisonment imposed on an offender following his conviction for a number of sexual offences committed against his stepdaughter over a five-year period was unduly lenient. The sentence was increased to seven years’ imprisonment.