Latest Offenders Kent

Description

A sex offender from Folkestone has been jailed for 14 months after assaulting a man in Canterbury City centre.

On Sunday 19 June 2022, Sasha Mazouz followed the victim into a public toilet on Canterbury Lane and – as the victim exited the cubicle – pushed him back inside and attempted to assault him. The victim escaped before the situation escalated any further and notified the police.

Officers located and arrested Mazouz, 45, of Charlotte Street, Folkestone at the scene. During the arrest, the offender made repeated attempts to engage in inappropriate language with an attending male officer.

He was charged with committing an offence with intent to committing a sexual offence and assault. He pleaded guilty to both counts.

On 12 January 2023, Mazouz appeared at Canterbury Crown Court, where the judge sentenced him to a total of 14 months imprisonment. Some of his sentence has already been served as this accounts for time Mazouz has already spent on remand.

He will also be subject to notification requirements for a period of ten years.

Leading the investigation, Detective Constable Ella Russell of the Canterbury Vulnerability Investigation Team said:

‘I would like to thank the victim for his bravery in reporting these offences and supporting the prosecution. As a result of this, we were able to make a swift arrest and ensured that Mazouz faced the consequences of his actions.

‘Kent Police takes all allegations of assault seriously and I hope that yesterday’s sentencing brings comfort to the victim involved.’

Description

An extended sentence has been imposed on a man who carried out sexually-motivated offences in Folkestone and Hythe.

Connor Baker followed an 18-year-old woman along a path near the Royal Military Canal, Hythe on Sunday 11 July 2021, before putting his hands around her waist.

The victim managed to get free of his grip and ran to Rampart Road, where she was seen by a group of her friends as they drove past.

They then drove to join another group of friends at Hythe Green. Baker was seen by the group, who asked him to explain his actions.

He became aggressive and swung an asp-type weapon at the group before leaving the area. Police arrived and Baker was later identified as a suspect.

Further offences

Further to that incident, Baker knocked on the front door of a woman who was not known to him in Folkestone on Friday 12 November 2021.

He managed to get into the property and grabbed the woman, trying to kiss her. She got him out of her home but he climbed upon a conservatory and looked in an upstairs window, damaging the victim's property in the process.

The incident was reported to police and Baker was arrested at the scene, after jumping into a nearby garden. He was later charged with a number of offences.

Court

Following a trial at Canterbury Crown Court, Baker was found guilty of assault with intent to commit a sexual offence and possession of an offensive weapon in relation to the first incident; and trespass with intent to commit a sexual offence, sexual assault, and damaging property in relation to the second incident.

On Friday 9 December 2022, the 24-year-old, formerly of Appledore Crescent, Folkestone, was given a nine-year sentence and ordered to serve an extra four years on licence.

Description

Jamie Gillett was convicted in 2018 of sexual offences involving children and has been subject to strict conditions on his behaviour since his release from prison.

These include restrictions around his interaction with any children, possession of mobile phones or computers and use of the internet.

On 13 May 2022, Gillett failed to attend a police station to sign his annual sex offender notification.

Officers went to his home on 26 May and arrested him. A search of his property found a fully charged mobile phone hidden behind a wardrobe and a games console with internet access.

Possession of both devices without notifying the police were breaches of his SHPO and, when the games console was checked, the investigators found he had accessed the internet using three different aliases.

Gillett, of St John’s Road, Gillingham was later charged with four counts of fail to comply with notification requirements and four counts of completing actions prohibited by a SHPO.

He pleaded guilty at Maidstone Crown Court and on Tuesday 22 November, the 25-year-old was sentenced to two years and two months’ imprisonment. This included sentencing for two counts of failing to comply with notification requirements in 2021.

Police Constable Marie Roostan, of the Medway Offender Management Unit, said: ‘We regularly visit registered sex offenders living in our communities to monitor their conduct and ensure they are complying with any conditions that are in place to prevent them re-offending.

‘In this way, we endeavour to protect the most vulnerable in our community and, where any breaches are discovered, they will be arrested and brought back before the court to answer for their actions.’

Description

Haley had previously been sentenced in 2015 to more than six years imprisonment for a sexual assault and other offences related to indecent images of children.

Upon his release, he was made subject of a Sexual Harm Prevention Order which restricted his use of devices able to access the internet.

Any devices he owned would need to be made available for inspection on request by a police officer or staff.

On September 5 last year, officers made an unannounced visit to his home in Ballard Close, Marden.

After examining his phone, police discovered the 40-year-old had been accessing hundreds of illegal images, which included child sexual abuse.

Haley would use an online alias, 'Amy', and discuss abusing children with other users. He also used apps to send and receive messages and images, with settings configured to delete after viewing.

Haley was charged with three counts of making indecent images of children and two counts of possessing extreme pornographic images.

He was further charged with breaching a sexual harm prevention order and for failing to comply with a notification requirement, relating to the sex offenders register.

The offender from Marden pleaded guilty at Maidstone Crown Court and was sentenced on October 20to four years’ imprisonment with an extended licence period of a further four years. He will remain on the sex offenders register indefinitely.

Investigator Lee Sinden, of the Offender Management Unit, said: "Haley had been the subject of strict measures designed to reduce the risk of him reoffending. He has been unable to adhere to these restrictions and has demonstrated a clear determination to access illegal and harmful images, many of which include the horrific abuse of children.

"In passing this extended sentence, the judge has recognised he poses a serious risk of further offences to children. Sexual harm prevention orders are passed by the courts to help protect children and as this case shows, we will do everything we can to ensure those who ignore them face the consequences of their actions."

Description

A registered sex offender who groped a horrified teenage girl on a train at night has been jailed.

Matthew Lewis, of Sittingbourne, attacked his victim after she and a friend boarded the service at Margate station.

The 55-year-old, who has 251 previous offences for 95 convictions, was locked up at Canterbury Crown Court on Thursday, where prosecutors laid out their case.

The court was told Lewis approached the girls in June last year and persistently made inappropriate comments towards both, asking to take them for a drink and suggesting they run away with him.

He continued despite both girls insisting that they were only 16.

“The girls removed themselves from their location towards other passengers and Mr Lewis sat next to them,” said Anoushka Twining, prosecuting."

She added Lewis then put her hand on the victim's leg and sexually assaulted her.

Noticing the girls looking uncomfortable, a man who was sat nearby challenged Lewis’ behaviour and a group of passengers invited the girls to sit with them further down the carriage.

The girls moved away and got off the train at Rainham, but Lewis followed.

The pair pointed him out to staff and police soon arrived and arrested him.

The court heard Lewis was in breach of a criminal behaviour order issued in 2019 at the time of the assault.

It meant Lewis would be committing a criminal offence if he was drunk on a train, or had an open alcohol container in public, outside of a licensed premises.

Lewis’ victim attended Thursday’s sentencing hearing, where she described the aftermath of his “repellent and frightening” actions, before seeing him jailed for three years.

The court heard Lewis has a “truly appalling” criminal record, with one past conviction for exposure.

Judge Mark Weekes also sentenced Lewis for various other behaviour order breaches and failing to comply with notification requirements.

The court heard Lewis was discovered intoxicated at Faversham station on July 1, and Margate station on August 7.

He was “asleep or unconscious lying next to a bottle of wine” on a train with vomit on his jumper, the prosecutor explained.

When a member of staff tried to escort him out of the station he threatened to punch them.

Lewis was released from HMP Elmley in April and gave the police an incorrect address, placing him in breach of notification requirements.

He was soon arrested and found to be in possession of amphetamines.

“Lewis is a dangerous individual who subjected a young girl to extremely unacceptable sexual behaviour, and I’m pleased to see him behind bars..."

The court heard Lewis pleaded guilty to sexual assault, breaching criminal behaviour orders, failing to comply with notification requirements and possession of a Class B drug at the lower court.

Judge Mark Weekes told Lewis, who appeared remotely from HMP Elmley: “You made it virtually your mission in life to disobey those terms [of the criminal behaviour orders].”

He branded the sexual assault a “frightening and repellent” act towards a brave girl, with his actions having a “profound effect” on her.

The judge called Lewis’s criminal record “truly appalling”, adding: “You were drunk and you were seen to be slurring your words.

“As a result of that, you approached two young girls, and one of them you sexually assaulted in a most unpleasant fashion. You were stroking her right leg in an upward direction.”

Lewis, of Deerton Street, suffers “particularly acute” difficulties with alcohol which causes “disorderly and chaotic” behaviour,” Phil Rowley said in mitigation.

He added Lewis wished to “apologise profusely” to his victim.

BTP Detective Constable Stephen Gadd, said: “Lewis is a dangerous individual who subjected a young girl to extremely unacceptable sexual behaviour, and I’m pleased to see him behind bars.

“His actions left the victim and her friend feeling hugely distressed, and I want to thank them for bravely reporting the incident and supporting our investigation. No one should experience such vile behaviour as they travel."

Lewis was ordered to sign the Sex Offenders Register for 10 years.

Description

A paedophile who pretended to be a woman to lure children younger than 13 into sexual activity has been jailed for 18 years.

Jonathan Woodward, 22, from Ashford, Kent, used fake social media accounts pretending to be a woman to lure children from all over the world into sexual activity online which he then recorded.

The pervert used software to identify where his victims lived, then blackmailed and threatened the young victims using their addresses to get them to send him more graphic material.

Police investigated Woodward last year when he was reported to police after a suspected indecent image of a child was seen on his mobile phone.

The paedophile was arrested and multiple electronic devices were seized from him when police raised his home.

Many of his victims were very young children, whom he abused between 2015 and 2021.

He pleaded guilty to 39 child sex offences and was sentenced to 18 years behind bars at Guildford Crown Court yesterday.

Woodward must serve two thirds of his 18 year sentence with a further eight years as part of an extended license on his release.

Sentencing Woodward, Judge Rufus Taylor called him: 'The worst I've seen for some while.'

The sex offender was charged with two counts of rape of a child under 13, and 20 charges of causing or inciting a child under 13 to engage in sexual activity.

Woodward was further charged with 14 counts of causing or inciting a child to engage in sexual activity, and with making indecent images of a child, including the most graphic of category A content, as well as category B and C.

He was also handed a Sexual Harm Prevention Order for life, banning him from unsupervised contact with children and having electronic devices he can store images on unless police can inspect it.

Detective Inspector Antony Preston, from the Paedophile Online Investigation Team, praised the brave young victims who came forward to put the horrific criminal behind bars.

He said today: 'Woodward's behaviour has impacted countless lives, and I would like to take this opportunity to highlight the bravery and courage of these young victims who have helped put this man behind bars for a long time.

'I would urge those using social media to speak out should they feel threatened or intimidated online, using online reporting functions or contacting Police to report such behaviour.

'This investigation and sentencing shows that there is no place for such vile behaviour. We will work tirelessly to ensure child sex abusers face the consequences of their actions.

'If there is anyone reading this who has been a victim of child sex abuse, I would encourage you to speak to us. We will do everything we can to support you.'

Description

A serial rapist who barged into a woman’s home and subjected her to acts of “deliberate degradation” has been jailed.

Joseph Silver, of Margate, targeted the woman and another victim over a month-long period in east Kent in 2020.

Silver, 34, was found guilty of three charges of rape and two of assault by penetration following a trial at Canterbury Crown Court.

He has now been jailed for 14 years after a judge ruled him "dangerous". He will serve two thirds of his sentence before being eligible for parole, and another four on licence.

Judge Simon James said Silver forced his way through his first victim’s door, then “grabbed her hair and ripped her clothing off" while ignoring her pleas for him to stop.

He branded Silver “self-centred” with no “insight into the pain and anguish he had caused,” to both women.

Silver maintained a “callous attitude” towards his victims while posing as a “high risk to others,” the judge added.

"My home used to be a safe place, but it is where I feel most anxious..."

His victims handed impact statements to the court, with one describing the pain she still suffers.

The woman said her life had been “turned upside down” and she is “constantly looking over my shoulder”.

“My home used to be a safe place, but it is where I feel most anxious," she said.

“Everything I once loved about myself I now let go - feeling attractive and confident isn’t possible now.

“Living through this has shown me I am strong but also it is OK to feel all kinds of emotions about myself.

“Throughout the trial my emotions and anxiety were all over the place. Not knowing if my evidence was enough for jurors to see the truth was so stressful.”

During his trial at the same court in October last year, Silver argued his victims had consented, then conspired to have him jailed.

Both women were in court to watch Silver convicted unanimously after five hours of deliberations.

Giving evidence, his first victim told jurors: “I was scared I thought I was going to pass out - he was squeezing so tightly.

“I just said 'please don’t do this' as I realised what was coming.”

His second victim recalled: “I told him ‘no, just get off me' - but he had sex with me.”

Martin Yale, prosecuting, said if Silver “wants something for his sexual gratification” he will “take it, whatever anyone else says or does to stop him”.

Silver had recently been released from prison on licence for an unrelated matter at the time of his offending, the court heard today.

He has 27 offences for 14 convictions, including violence alongside a weapons offence and an old sex offence.

Representing Silver, John Fitzgerald said he had an “unsettled upbringing” and the delay in bringing the sentencing hearing to court was not his fault.

The court heard Silver, previously of College Road, had been assessed as posing a high risk of committing further similar offences.

 

Description

A pervert who downloaded images of someone performing a sex act with a dog and a horse also viewed indecent images of children including one of a toddler being raped.

Oliver Fallace, 26, from Longfield, was found to have downloaded the extreme pornographic images, and others including one of a child aged between one and three being attacked by an abuser, after police went to his address in January last year.

His mum answered the door to officers and when Fallace was asked about the images he began shaking uncontrollably and admitted to officers he may have viewed some.

Police seized a USB stick and a laptop from his home and, after analysis, found hundreds of indecent images ranging from category A, the worst sort, to category C.

Fallace, of Gorsewood Road, Hartley, was found to have downloaded 227 category A images, 444 category B and 756 category C images.

The former Gravesend Grammar School pupil was later charged with three counts of making indecent images of children, one count of possessing extreme pornographic images and one count of possession of prohibited images of children.

Fallace admitted all five charges when he appeared before magistrates in Maidstone in May and was sentenced at Maidstone Crown Court on Wednesday, August 31.

The court heard he had downloaded 46 prohibited images of children and at least one category A image showed a toddler being raped.

The seized devices also contained five images which either showed someone performing sex acts with a dog or a horse.

Ben Wild, prosecuting, said: "He provided the pins and passwords to the devices and 110 indecent images had been deleted at some stage.

"There were still and video images found which were from three categories from A to C."

Police analysers also established the images had been downloaded from around August 2017, and Fallace had got into a pattern of searching for them.

Mr Wild added: "The category A images contained pictures of children aged one to three and up to 13 years. The category B images contain images of children aged seven to nine years and from nine years to 11 years and the category C images contained pictures of children aged seven to nine years and 11 to 13 years.

"The prohibited images showed images of eight-year-old children and the defendant made no comment during his interview with police, but did say he would never harm a child."

It was also told he had suffered from mental health issues, depression and had been diagnosed with ADHD as an adult and autism as a child. It was also said that he had shown a great deal of remorse and had made progress in the past 18 months away from the path of offending.

Judge Philip St John-Stevens was told Fallace was of previous good character but was not working and was claiming Universal Credit.

The judge said: "This is not a victimless crime and you must now see this sort of abuse can ruin their lives (children in images) forever.

"One image showed a child between the age of one and three being raped, the victims in the images are very vulnerable in age.

"I accept you were a young man who has now realised what he did is wrong."

Judge St John-Stevens placed Fallace on a two-year community order which will see him complete 30 rehabilitation activity requirement sessions.

He was also placed on sexual harm prevention order for seven years and must now sign the sex offenders' register.

Fallace was also ordered to pay £200 costs.

Description

A man has been jailed after his victim spoke out about being sexually assaulted as a child.

Christopher James Medes was handed a five-year sentence after being convicted of engaging in sexual activity with a minor.

The 33-year-old, whose address was given as Old Road West, Gravesend, had denied the charges.

But he was convicted following a hearing at Woolwich Crown Court in July and sentenced last month.

The jury found him guilty of engaging in sexual (non penetrative) activity with a minor and three counts of causing or inciting a child to engage in sexual activity.

Medes was made subject to a serious harm prevention order to remain in place indefinitely and also placed on the sex offenders register indefinitely.

The victim told the court how numerous visits to the police station to report the crime and countless phone calls had left her "feeling dirty" as she waited years for her abuser to be brought to justice.

In her victim impact statement, the woman described how she had suffered depression, anxiety and post traumatic stress disorder following the ordeal.

"I have had to explain my abuse to many strangers," she said. "Imagine being a child, a little girl and having to explain sexualised abuse to police officers, psychologists, counsellors and family members.

"It was embarrassing, degrading and left me feeling dirty every time.

"Waiting for years and being forced to go through a court case because my abuser refused to admit what he had done is a trauma that I will never recover from."

But following the verdict and her abuser's conviction she said she could now "stand proud".

"I was believed," she said. "Twelve strangers, members of the jury took a short time to unanimously believe me, believe the truth and I will forever be thankful for that.

Description

A pervert who repeatedly exposed himself to women near a school has been jailed. Serial flasher Iskren Ganchev tormented villagers in Otford, near Sevenoaks, over a 10-day period in June. Between June 2 and June 11 he exposed himself to three woman in the village, off Pickmoss Lane, before performing indecent acts. During one incident the 35-year-old called a woman over and grabbed her arm. Another victim was able to take a photo of the suspect as she made her way to safety. Ganchev, of no fixed address, was caught after investigating officers noticed he was carrying the same shopping bag and watched CCTV from a store which had the same branding. Footage was examined and the offender was arrested on June 19 in Halstead after a media appeal was sent out. "His appalling behaviour was carried out in an area very close to a school..." Searches at the address he was found at uncovered the same clothing and shoes he was described as wearing during the offences. During a police interview Ganchev accepted he was present during the allegations but denied any wrongdoing, claiming there had been a "misunderstanding". He went on to admit guilt at Medway Magistrates' Court to a charge of outraging public decency and two counts of indecent exposure. On Friday, August 12, he was sentenced to a year in prison and was placed on the sex offenders' list for five years. Detective Sergeant Alan Poulton, of the West Kent Vulnerability Investigation Team, said: "Ganchevs disturbing actions will have had a significant and detrimental impact on each of his victims. "His appalling behaviour was carried out in an area very close to a school and would have also caused significant alarm and anxiety within the wider community. "In passing a custodial sentence, the courts have recognised the threat that Ganchev would have continued to pose, and we remain determined that everyone should feel safe to walk the streets whenever they choose to, and will continue to do everything in our power to keep it that way."

Description

A calculating rapist who stalked social media to blackmail children for vulnerable images of themselves has been jailed. Daniel Noelken, of Sandwich preyed upon school-aged children online, and secretly filmed other young boys naked in a changing room, between 2017 and 2019. The 23-year-old was convicted unanimously at Canterbury Crown Court following a trial in September last year. Noelken was jailed for 12 years at the same court on Friday and handed an extended four year licence period. Posing as a child on social media, Noelken tricked his victims into sending him illicit images of themselves. He threatened to send the material to their Instagram friends if they refused to hand over more. Noelken would also use Facebook to infiltrate a family and rape a boy with learning difficulties after offering to mow their lawn and babysit. Another potential victim's mum told jurors during the trial how he pestered her for months on the social networking site, repeatedly asking to baby-sit her son. But Noelkens string of chilling private messages prompted her to become suspicious and cut contact. The offending surfaced after the boy he raped disclosed to adults the extent of abuse he suffered at Noelken's hands. After police arrested Noelken, forensic testing showed the victim's clothes contained his DNA. And computer hard drives were discovered containing folders named after different children, each containing indecent images. Social media transcripts showed Noelken blackmailing and threatening two children, one of whom he tried grooming to meet, prosecutor Serena Gates explained during the trial. One victim stated he received an Instagram direct message from a person saying she was 11 and lived in Thanet," Ms Gates said. The account spammed him with photos, the victim sent photos and videos of things the account asked him to do. Growing increasingly uncomfortable with the demands, the child blocked the account prompting Noelken to hatch a new plan. The schemer befriended a young girl on social media then blackmailed her to send illegal photos of herself. "We commend all of the victims who spoke to us and left the court in no doubt as to the severity of Noelkens predatory offending ..." He then found a way to send the images to his male victim and demand more in return, while threatening to publicly release videos which would embarrass the child. In video evidence played in court, the victim told officers he just wanted it to stop, adding: The account threatened to send photos of me to my friends, then I got loads of random accounts following me. Ms Gates told jurors the prosecutions case hinged on four points; the progression of Noelkens offending, his careful calculation, the authenticity of his victims evidence and the unlikelihood of coincidence. Noelkens victims were unknown to each other. Ms Gates told jurors his sexual urges were "becoming stronger as time went on." Defending, Eloise Marshall QC argued Noelken had not inappropriately touched or raped a child, and social media dialogue showing him attempting to meet one victim was merely a fantasy. She added Noelkens attention deficit disorder and autism symptoms were extremely complex. It doesnt mean Daniel is completely incapable, it goes deeper than that, in many ways Daniel Noelken is very capable. He can drive, he can do first aid, he has worked for a private first aid company and has been proactive in getting on with his life, she continued. Jurors unanimously convicted Noelken of raping a child under 13, two counts of sexual assault and attempting to arrange or facilitate a child sex offence. He admitted before trial two counts of blackmail, voyeurism and 10 other non-contact sexual offences involving children, including inciting a child under 13 to engage in a sexual act. Speaking after the sentencing hearing, investigating officer DC Sue Kingsnorth, said: "We commend all of the victims who spoke to us and left the court in no doubt as to the severity of Noelkens predatory offending. "We have a team who are dedicated to investigating child abuse and ensuring that those who try to take advantage of children are found and brought to justice. "If anyone has any concerns that a child might be at risk of abuse, we urge them to report it and get the help and protection that they deserve." Noelken, of Whitefriars Meadow, will be subject to a lifetime Sexual Harm Prevention Order on release.

Description

A teaching assistant, who preyed on a child to satisfy a perverted curiosity, has avoided going to prison. Daniel Abraham admitted sexually assaulting the girl while working at a school in Sittingbourne. Maidstone Crown Court heard that the offences took place more than five years ago and had left the victim so traumatised she discarded all of her school photographs. It was only when the 35-year-old was dismissed for a separate incident she told her family. Prosecutor Daniel Stevenson said Abraham had undergone training aimed at safeguarding pupils - but was seen putting his arms around a child. He said Abraham was reported to the authorities after he was seen staring at children while they were changing and he was suspended and then sacked. The prosecutor said it was later that the victim spoke to her mother and disclosed what had happened to her. Abraham, of Lawrence Street, Gillingham, was arrested in November 2020 but initially denied the allegations or having a sexual interest in children, despite an interest in teenage pornography. The victim later told police in a statement: "After what he did I was scared of going to school, scared of him. I have thrown away every photograph of that time because I can't look at them. "I feel I have lost a part of my childhood. I want him to regret what he has done to me." Her mother told the judge in a written statement how hearing details of what he had done "was heartbreaking". Defence barrister Craig Evans said: "He looks back with disgust and sincere regret for his actions and the impact it had on his victim and her family. "After what he did I was scared of going to school, scared of him..." "He struggles to come to terms with what led to this offending. In satisfying his own curiosity he has caused unnecessary harm and distress to others." Abraham was given a 21 month jail sentence suspended for two years and ordered to undergo treatment to deal with his sex offending. He sat with his head bowed, as the judge ordered him to do 120 hours of unpaid work for the community. Abraham, who had admitted two sex offences, is now banned from ever working with children in the future and has to sign the sex offenders' register for 10 years. Judge Julian Smith said he he been repeatedly warned about his behaviour around children but decided to carry out acts "that satisfied his sexual interest". As he left the dock, a supporter of the victim's family made a threat against him and was warned by a member of court staff.

Description

A sex offender who repeatedly raped a woman while she lay unconscious has been jailed for life.

Aurel Birlan put his victim through a near two-hour ordeal during an attack which only ended when he was confronted by a passer-by.

The offences were committed in Medway during the early hours one morning in December.

Yesterday, Maidstone Crown Court heard how Birlan, of Watts Street, Chatham, was interrupted by a man who had encountered him and the victim in a public place.

The passer-by noticed she was undressed, not moving and appeared to be injured.

He questioned the 44-year-old man about what had happened, before calling 999 and waiting with both the offender and victim until police arrived.

Birlan was arrested at the scene and an investigation was launched.

Police later recovered CCTV which showed the victim's repeat pleas for him to stop and that she was unconscious for more than an hour during the assaults.

Birlan was charged with two counts of rape, and three counts of sexual assault.

He pleaded guilty at Maidstone Crown Court and was sentenced to life imprisonment.

The judge ordered him to serve a minimum of eight years and three months before he is eligible to be considered for parole.

He was also added to the sex offenders register for life and made subject of a restraining order, prohibiting him from contacting the victim.

Investigating officer, detective sergeant Kendal Moore said: "Birlan subjected his victim to a prolonged and truly harrowing ordeal, only stopping when a passer-by bravely intervened.

"Today's sentence will hopefully go some way to allowing the victim to live a normal life, knowing at least this dangerous man is now behind bars.

"She has shown tremendous dignity and bravery throughout the course of this investigation and I wish to commend her for that.

He added: "I would also like to thank the member of public who challenged Birlan. His courageous intervention was absolutely vital in ensuring Birlan was promptly arrested and that the victim was also protected from suffering any further harm."

Description

A soldier has been kicked out of the Army after he had 'rough sex' with a woman and performed a sex act on her which he knew she 'absolutely hated'. Sapper Thomas Herrington, who was accused of pulling the woman around his bedroom by her hair and tying her to his bed with a dressing gown belt, said he had asked about her 'pain threshold'.

It was alleged he violently raped the woman when he was 18 years old, after he told a court martial she 'liked rough, kinky sex'. It was claimed the Army engineer targeted the woman while she was 'out cold' from drinking vodka at a party.

A military court dismissed two charges of rape. However, he was convicted of sexual assault by penetration after the woman told the court he horrified her by putting his thumb in her bottom. The woman told police: "It felt really malicious. He knew I didn't like it and he was talking like he was proud. That was really violating because of how much I hate that."

Spr Herrington claimed the woman liked being 'roughly-handled', that she previously sent him naked selfies on Snapchat and she sent him sexualised messages before the party. The soldier, now aged 20, said they had sex in the weeks prior to that night, claimed she had 'enjoyed' passionate sex that night and was 'stunned and confused' by the allegations.

But Spr Herrington, formerly of 1 Royal School of Military Engineering Regiment, has now been dismissed, as a judge told him boundaries during sex must be respected. Sentencing him, Judge Advocate Alistair McGrigor said: "It was an unwarranted and unwanted action that meant she consequently fled the room.

"Rough interactions has its own inherent danger. Boundaries must be respected - you knew because she had told you she agreed to rough sex but that did not include anal activity. It was abhorrent to her. This was a boundary you should have respected."

Spr Herrington's lawyer, James Hay, told the court a 'lengthy and onerous' community order would allow him to address his 'catastrophic error of judgement'. In a victim statement read to the court, the woman said that since the incident 'I am struggling to cope with the guilt and shame that I am left feeling'.

As well as being dismissed, the soldier, who recently failed a drugs test, was handed a three year community order, and 240 days of unpaid work. He will be on the sex offender register for five years. During the four day trial at Bulford Military Court, Wilts, a board heard the woman 'drank so much she passed out on one of the beds' at the party, before Spr Herrington was seen 'cradling' her and carrying her to his bedroom.

She claimed he gained pleasure out of her 'struggling', dragged her by the hair when she tried to escape, and pinned her down by his dressing gown belt in an attack so violent she said she thought he'd kill her. She said she eventually managed to 'wriggle away', escape the room without any clothes on, and return to the party crying 'I couldn't stop him, I couldn't move, I told him to stop'.

The woman described the alleged attack as 'the most unconsensual experience of my life'. Spr Herrington told the court sex that night had been consensual after the pair struck up a sexual relationship.

He said: "We had spoken about interests and liked rough, kinky sex. She said she liked choking, hair pulling, the odd bit of spanking and being roughly-handled." Spr Herrington said the woman was not drunk but 'happy and giddy' during their first sexual encounter that night.

Later, while at the party, the woman appeared to fall asleep and Spr Herrington carried her back to his room. He said: "I locked the door because we were going to have coitus, I didn't lock the door because I was going to have sex with an unconscious woman.

"I said 'are you OK?' and she said 'I'm fine'. I wanted to make sure she was responsive and that she was OK. I told her if you don't want to do this just tell me to stop.

"We had spoken about how I tend to get a bit more rough when drinking and I didn't know her pain threshold so I wanted to make sure she was OK. She was enjoying it, she was moaning."

Spr Herrington said suddenly the woman 'jolted forward', got up, and ran out of the room naked. He told the hearing he was 'completely stunned' and 'didn't know what I had done wrong'.

Description

A sex offender banned from being naked in public who exposed his buttocks and defecated in front of a stranger has been acquitted. Marcus Dalby, of Ashford, was handed the Sexual Harm Prevention Order (SHPO) last year following a trial at Canterbury Crown Court. It was designed to keep the public safe after the 29-year-old was found guilty of performing a sex act in front of a schoolchild on his porch. Yet just three months later, in November 2021, Dalby defecated on his hands and assaulted another stranger as she walked home on a path near Ashford International Station. He was charged with common assault and being in breach of a SHPO. But a judge told jurors today Dalby had no case to answer for the charge of breaching the SHPO, as the previous court order was not fit for purpose. After prosecutors and the defence thrashed out legal arguments, it appeared the issue was the court order's wording. The argument has been whether or not the prosecution could prove the defendant was in fact naked. Although designed to protect the public, the order only made it illegal for Dalby to be naked or appear to be naked in public. Prosecutor Sophie Stannard argued Dalby was indeed naked while exposing the cheeks of his bottom in the direction of his victim, after partially pulling down his underwear. But defence barrister Gordon Ross highlighted Dalby had only momentarily exposed his buttocks, which did not legally constitute nakedness. Judge Mark Weekes ruled in Mr Ross favour after considering the Oxford Dictionary definition of the word: Having no clothes on the body. He told jurors Dalby had no case to answer and the previous Sexual Harm Prevention Order was not fit for purpose. The SHPO prohibited this defendant from appearing naked or to be seeming to be naked in a public place. The argument has been whether or not the prosecution could prove the defendant was in fact naked. Jurors were ordered to deliver a not guilty verdict before Dalby pleaded guilty to common assault, which he had previously denied. Dalby was exposing and touching his buttocks, while defecating, with the mess on his hand, as he overtook the girl, who is in her late teens, the jury heard previously. Looking into her eyes Dalby then held onto the girl, trying to grab her by the throat, as she tried to free herself while screaming, the court heard. A police investigation led to Dalby being identified on CCTV and subsequently arrested, however, he denied any wrongdoing in a police interview. Dalby, of Pollard Close, told officers he found the girl attractive from behind and wished to speak with her, and hoped to make her laugh by exposing his buttocks, the court heard. He argued he unintentionally broke wind and tried to catch his poo and denied assaulting the woman, jurors were told. Fighting back tears from the stand on the first day of Dalby's trial, the complainant described him overtaking her and then acting fidgety. I didnt understand why someone would do something like that I was disgusted, I didnt think it was real, she told jurors. When he came towards me, his hands came towards my throat and there was fighting, his hands were everywhere. She described his hands as dirty and probably with faeces on them, adding Dalby approached her three or four times while entirely silent. I just started screaming probably for help. No one heard me, she went on. She described how Dalby then fled, giving her the opportunity to run home. I was in a panic and I fell to the floor, she explained. Dalby will be held on remand pending probation reports and will be sentenced at the same court on June 17.