Locations
Wainwright Crescent, Sheffield, S13 8EN
Description
Sheffield Crown Court heard on March 3 how Jake Proverbs, aged 21, of Wainwright Crescent, near Richmond, Sheffield, claimed he had consensual sex with the girl in a park and that he had believed she was aged 17.
Nicola Quinney, prosecuting, said the offence came to light after the youngster, who cannot be identified for legal reasons, had made a separate complaint against another person of a sexual offence but a forensically-analysed swab produced a DNA match to Proverbs.
Ms Quinney said Proverbs told police the sexual contact had been consensual after he had met the youngster in a park and he had believed she was 17 years old but the court heard consent concerning such offences against youngsters is not an issue.
Recorder Andrew Smith MBE told Proverbs: She appeared to you to be tipsy, not drunk. You had smoked cannabis yourself and you had sex with her.
He added: Whatever your difficulties - and you do have difficulties - you are culpable and blameworthy. You should have known she was a 12-year-old girl.
Proverbs, who has previous convictions, pleaded guilty to rape of a child aged under 13 after the incident on May 19, 2019.
He also admitted dangerous driving from April 1, 2021, after he sparked a police pursuit while riding a motorcycle in the Manor area of Sheffield.
Ms Quinney said officers in a police helicopter had become concerned about Proverbs driving and alerted colleagues on the ground.
Proverbs drove the wrong way down a one-way system into traffic, drove down City Road at speed, and drove on a footpath in a park before discarding the bike in a garden.
Recorder Smith told Proverbs: It involved a police pursuit and you knew you should have stopped and you immediately admitted to police how stupid you had been.
Rukshanda Japeen Hussain, defending, said regarding the rape the issue of consent does not come into play because the youngster was 12-years-old and she added that he thought she was 17-years-old.
Ms Hussain said at the time of this offence Proverbs was an immature 18-year-old with mental health issues.
She added Proverbs does not appear to be predatory and he had been in an isolated sexual incident where he genuinely believed the youngster was 17 years old and no evidence other than the forensic match was provided.
The court heard Proverbs also suffers with post-traumatic stress disorder after he had been stabbed in an unrelated incident.
Proverbs was also found to be in breach of a suspended prison sentence which had previously been imposed for possessing class A drugs with intent to supply.
Recorder Smith acknowledged there had been an unacceptable delay in bring the rape matter due to problems with the forensic analysis.
He sentenced Proverbs to five years of imprisonment including four years of custody with a one-year custodial extension on licence due to the nature of the offending.
The defendant was placed indefinitely on the Sex Offenders Register and made subject to a Sexual Harm Prevention Order for the same period.
Proverbs was also banned from driving for 30 months.