Description
A man raped a boy when he himself was still a child by making him take part in "rude games".
Elliot Troy, 24, sobbed when he appeared in court today to be sentenced over vile sexual offences in his past.
He had denied any wrongdoing, but was found guilty after a trial of three counts of rape, two counts of sexual assault and one count of inciting a child to engage in sexual activity.
Judge David Aubrey, QC, said: "You have developed into a much more mature person, you have a good record and now have a girlfriend.
"But you have caused psychological scars to your victim that will remain with him for the rest of his life."
Liverpool Crown Court heard the victim "had the courage" in 2017 to tell his dad that he had been sexually abused by Troy as a child.
Troy, of Carr Lane East, Croxteth, but formerly of Crosby, was aged between 11 and 15 during the offences, while his victim was aged between nine and 12.
Judge Aubrey said: "However, the abuse had started many years before, when the victim estimated his age to be only three or four.
"You were then only six or seven, and thus of course below the age of criminal responsibility [10 in the UK]."
He emphasised Troy was not to be sentenced for "those activities", but said it was "against that background and the perception of normality instilled in your victim" that he sexually abused him and asked him to take part in "rude games".
The judge said while there may have been some "sexual experimentation" between the pair, there was "a significant age gap".
He said: "It escalated, that is the seriousness of the offences escalated, and there is no doubt your victim wanted none of it."
Judge Aubrey said at the age of 11, Troy rubbed his penis against the boy's bottom.
He said Troy later orally raped the boy, then afterwards "told him he had done really well".
The court heard Troy did this on at least three more occasions and there was evidence of grooming, including offering him "rewards" on an Xbox and showing him porn to encourage him.
Troy then raped the boy, when he was 15 and the victim was 12.
Phil Astbury, prosecuting, told the court the victim now "suffers chronic nightmares every night".
He said: "They feature both the abuse he suffered and images of his parents not believing him when he told them."
Mr Astbury added: "He has suicidal thoughts. He's attempted suicide on one occasion and self-harms."
The court heard the victim's education suffered, he was now on antidepressants and described feeling guilty and ashamed, even though he knew he shouldn't.
Mr Astbury said: "He feels frozen, stuck in the past, and unable to move on with his life."
He said the victim felt "closed off" emotionally and couldn't maintain a relationship as he felt unable to kiss and sexual contact was "out of the question".
Quoting the victim, he added: "He can't remember the last time he felt happy."
Judge Aubrey said the victim's account was "powerful" and "poignant".
He said it was "in many respects an unusual case, bearing in mind the extreme youth of both defendant and victim".
Arthur Gibson, defending, said his client, who is of previous good character, hadn't committed any offences since the age of 15.
Judge Aubrey said it was "as long ago" as September 2017 the victim was interviewed by police and Troy a month later.
But he said it wasn't until July 2020 that Troy first appeared before magistrates, which was "an unacceptable delay".
He said: "Lives have been put on hold and that must be reflected in the sentence that this court imposes."
Judge Aubrey said he had read a pre-sentence report, character references and a letter from Troy, who supported and cared for his mum, who was unwell.
He said: "You have been described as having remorse for past events, but that is not supported by your denials during the course of the trial, although I accept you did accept some activity had taken place."
Judge Aubrey accepted Troy was "saddened for the hurt" he caused and it had impacted on his mental health.
He said: "You yourself speak of the mistakes you made when you were younger and in your letter you state you're very apologetic and sorry for what you have done and the damage you have caused.
"It's unfortunate in my judgement that you did not have the courage to admit all that you had done prior to your trial. You had much time to reflect upon it."
The judge said he had to sentence Troy based on the age he was at the time and the first offences were when he was "just over the age of criminal responsibility".
However, he said: "I am satisfied there came a time when you must certainly have known what you were doing was wrong and that he did not want to do that which you wished."
The judge said had Troy carried out the attacks as an adult, he would have locked him up for "at least" 12 years.
Taking into account his age at the time, the delay in the case and prison conditions during the pandemic, he jailed him for four years and nine months.
Troy must comply with a restraining order and sign on the Sex Offenders Register for life.