In court
| Published date | 01 September 2022 |
| Date | 01 September 2022 |
| DOI | http://doi.org/10.1177/02645505221116498 |
| Subject Matter | In court |
In court
Nigel Stone, Visiting Fellow in the School of Psychology, University of East Anglia,
reviews recent appeal judgments and other judicial developments that inform senten-
cing and early release.
Sexual Harm and Arson
Abusive tutor’s PSR minimisation
While giving private maths tuition to children in their own homes, L. intrusively and
repeatedly touched three boys aged between eight and 13, in two instances by
rubbing his hand on their inner thighs, overtheir clothing and not directly to their geni-
tals, in one case by massaging the boy’s body under his shirt, allowing his hand to slip
inside the victim’spants.Ininterview,onarrest,heclaimedthatmassagewasatrad-
itional Chinese practice designed to relieve flu symptoms, and in the other instances
claimed that he would tap the boys on their leg or shoulder if they had become dis-
tracted or to emphasise a point. He denied any sexual motivation or sexual touching.
On seeking a Goodyear indication prior to contested trial, L. was told that the
maximum term following guilty plea would be no longer than 24 months’imprison-
ment, though the judge declined to state that such a sentence would be suspended,
pending receipt of a pre-sentence report (PSR). Following his guilty pleas to four
counts of sexual assault (SOA 2003 s3 and s7), the PSR relayed his account that
his behaviour had been simply tactile but in no way sexually motivated or for
sexual gratification, maintaining that he was not, and never had been, sexually
attracted to young boys or adolescent males. The report writer noted that denial
and minimisation were common among men convicted of sexual offences and
assessed L. to be suitable for offence-focused work using ‘Maps for Change’. His
profile indicated a low ‘static’risk of further sexual offending using RM2000 and
he was assessed to pose a medium risk of harm to young or teenage boys
through further sexual offending and emotional harm. The PSR proposed imposition
of a community-based sentence with a rehabilitation activity requirement.
Reports from a consultant neurologist indicated that in recent months L. had pro-
gressed from a mild to a moderate stage of cognitive impairment, consistent with the
early stages of Alzheimer’s dementia. He was also experiencing depression and
The Journal of Communit
y
and Criminal Justice
Probation Journal
2022, Vol. 69(3) 398–410
© The Author(s) 2022
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DOI: 10.1177/02645505221116498
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