Derbyshire 2022-07-26

Stuart Smith 45

Sexually assaulted a colleague at the factory where they worked together.

Profile Picture
Offender ID: O-2354

Locations

Pear Tree Avenue, Ripley, DE5

Description

A Derbyshire dad-of-two took his "flirtatious" behaviour too far when he sexually assaulted a colleague at the factory where they worked together. Derby Crown Court heard how Stuart Smith told the victim "I would do anything to get alone with you" before grabbing their hand and forcing it against his groin.

The 43-year-old then told them not to tell anyone "as we will both get into trouble". Handing him a three-month jail term, suspended for two years, Recorder Jason Macadam said: "Let's make no odds about it, you have worked in this industry for a long time, but it has never been acceptable to do what you did. In the old days you might have been quite rightly punched in the face and told where to go by some victim who might react that way.

"But all will be shocked and outraged and unchecked, your attitude would pose a sexual threat and it needs addressing."

Caroline Bradley, prosecuting said at the time of the offending Smith and the victim worked together at Loscoe Chilled Foods Ltd, in Heanor Road, Heanor, which calls itself one of the UKs largest manufacturers of meat products. She said the defendant became "flirtatious" with the complainant, telling them how attractive they looked and on one occasion pulling the victim towards himself and giving them a hug.

The prosecutor said: "(The victim) complained to their manager about his flirtatious behaviour. On one day he asked them to borrow a fob to gain access to a room telling them 'I will do anything to get alone with you' and they challenged him.

"He followed (the victim) out of the office asking if they were naughty, grabbing their hand and putting it against his (private parts). He then grabbed it himself and said 'look at this' then later saying 'you are not going to tell anyone are you because both of us will get into trouble'."

Mrs Bradley said the victim reported what had happened to their manager and an investigation began. She read out a victim impact statement in which the complainant told how they "felt sick and distressed and uncomfortable".

Smith, of Pear Tree Avenue, Ripley and who has no previous convictions of any kind, pleaded guilty to sexual assault against the victim, whose identity is protected by law. Sonal Ahya, mitigating, said her client has a partner of 16 years and they have two young children together.

She said at the time of the offence he was going through "a particularly difficult time in his life". Miss Ahya said: "In his pre-sentence report he tells how it was 'a factory thing' and 'banter'.

"His work is old school and (he) displayed attitudes that were incredibly outdated. He lost his job for 24 years because of this arrest and these proceedings."

As part of the suspended sentence, Recorder Macadam ordered Smith to attend a 43-day accredited program to address his offending. He also ordered him to attend 55 rehabilitation sessions with the probation service, to pay 250 prosecution costs and placed him on the sex offender register for seven years.

Derbyshire Live has contacted Loscoe Chilled Foods Ltd and is awaiting a response.

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