Locations
Fitzherbert Street, Warrington, Cheshire, WA2
Description
A REVELLER on a night out has avoided being sent to prison, despite sexually assaulting a young woman on a night out.
David Kovac grabbed the victim to the genital area and gave her unwanted kisses in the middle of a busy street in the town centre.
The 35-year-old told police that he could not remember what he had done because he was extremely intoxicated at the time.
He later admitted a charge of sexual assault however, and he appeared to be sentenced at Warrington Magistrates’ Court on Thursday, March 16.
Stephanie Fanello, prosecuting, explained to the court how the offence was committed in October last year while the defendant was on a night out.
The defendant was on Bridge Street in the early hours of the morning when he approached a young woman who was a stranger to him.
Kovac then grabbed her to the genital area and tried kissing her. This was non-consensual, the court heard, and Kovac was repeatedly told to back off, which he failed to do.
During his police interview, during which he was shown CCTV footage of the incident, he confirmed that he did not know the woman and said that he could not remember the incident due to him being intoxicated.
He added that he was ‘raised appropriately’ and that he ‘respected women’.
The court heard an impact statement from the victim in which she said she has not been able to relax as a result of the incident.
She struggles to sleep and has not been eating properly, while she is also constantly anxious and nervous and is scared about going out again.
Defending his client, David Robb said that Kovac ‘clearly expresses remorse and regret’, adding that his behaviour was ‘out of character’.
He said that the defendant was extremely drunk and is ‘completely appalled about what took place’.
The court heard how Kovac is a single man with no children living in the UK, is working and sends a lot of his income back to his parents in Slovakia.
Before sentencing, deputy district judge Anita Price said: “This was an appalling incident.
“This offence clearly does cross the custody threshold, and you committed this offence while in drink, which makes it more serious.
“You also committed it in a location and time which adds to the seriousness of it.
“You have heard the impact it has had on this young lady, and no doubt continues to have on her.
“Were it not for your guilty plea and no previous convictions, you would have been going to custody today.”
Kovac, of Fitzherbert Street in Orford, was sentenced to 26 weeks in prison suspended for two years.
He was also ordered to complete 30 rehabilitation activity requirement days, including a sex offender treatment programme, and an alcohol abstinence monitoring requirement for 60 days.
In addition, he must abide by sex offender registration and notification requirements for seven years.
The judge opted not to order compensation for the victim as to not ‘reminder her’ of what Kovac did, however he was told he must pay court costs of £120 and a victim surcharge of £154.