Description
A Cornwall man offered a teenage girl a place to stay after a night out before going on to sexually assault her as she slept. David Waters’ terrified victim was so scared she was going to be raped she pretended to be asleep.
Waters, 28, of Illogan near Redruth, appeared at Truro Crown Court for sentence having pleaded guilty to sexual assault. Prosecuting the case, Rachel Drake described how on the night in question Waters and the victim had been out socialising together.
The victim had no way of getting home so Waters offered her a lift with his uncle who agreed to take her as far as Waters’ house. Ms Drake said: “An arrangement was made she’d sleep in his bed and he’d sleep somewhere else but he got into bed with her. She drifted off to sleep but was awoken at 5am to the sensation of him touching her.”
Ms Drake described how Waters touched the victim’s stomach, breast and privates and forcibly tried to remove her shorts and underwear. She could feel his privates against her and Waters went on to pleasure himself while touching her.
Ms Drake added: “She feigned being asleep because she was frightened she may have been raped. Once he [finished] she remembers him picking up his iPad and scrolling on it.”
The next day there were messages between the two. Waters asked the victim out, she declined and challenged him about what happened to which he replied he had no recollection. Following an examination Waters’ semen was found on her clothes.
In a moving victim impact statement, the victim spoke of how the ordeal has left her struggling with self-harm, depression and suicidal thoughts. She takes medication but still suffers panic attacks.
Representing Waters, Robin Smith said: “Here we have an absolutely terrified first time defendant. From his first interview he was utterly aghast about his behaviour and his regret and sympathy is genuine. He has vastly reduced his alcohol intake and social activity and given up work as a labourer.”
Sentencing Waters, Recorder Andrew Oldland, QC, said: “Your victim was aged just 19 and on that night you were out for a drink together. You offered her a place to stay and went to your home address. She got into bed fully clothed. You were supposed to sleep in a separate bed but at 5am she woke to find you sexually assaulting her.
“She was scared and feigned sleep throughout whereas you would have remembered full well what was going on.” Recorder Oldland described the devastating effect on the victim, but noted Waters’ lack of previous convictions, his work ethic and his remorse, as well as the time since the offence. Waters was given a 10-month sentence, suspended for two years.
He must complete a sex offenders’ programme and sign the register. He also has to complete 150 hours of unpaid work and pay £750 in court costs.