Locations
Shadygrove Road, Carlisle, CA2
Description
A CARLISLE man convicted of a sexual assault and accused of stealing women’s underwear from a washing line has been banned from approaching “lone females.”
Damien Christopher Smith, 34, who blamed his sexual offence on the victim's choice of clothing and her makeup, was given a five-year sexual harm prevention order.
A district judge approved the order after hearing an application from Cumbria Constabulary, presented by lawyer Gemma Rogerson.
She outlined how Smith, of Shadygrove Road, Raffles, was convicted of sexually assaulting a woman in June of last year by inappropriately touching her over her clothing while making sexual comments.
During a police interview about the offence, said Miss Rogerson, he sought to blame the victim because of what she was wearing and her red lipstick.
“What does she expect?” he asked the officer.
Police were also aware of a further incident on June 8, when Smith allegedly went into a person’s garden and stole female underwear from the washing line, said Miss Rogerson.
There was concern about Smith’s understanding of the severity of his offending.
Miss Rogerson asked the court to impose a five-year order which will prohibit him from approaching any lone female in a public place, or initiating conversation with lone females in a public place, unless he is obtaining goods or services.
This would only be acceptable if such an incident was “inadvertent”. District Judge John Temperley said he was satisfied the legal test for him to make the sexual harm prevention order was satisfied.
Not only was there a relevant conviction - the sexual assault conviction - said the judge, there were relevant alleged incidents demonstrating "similar behaviour" from 2021 and from early 2023, though they did not lead to convictions.
“I am satisfied that the order is necessary,” said the District Judge.
He told the defendant: “You are prohibited from physically approaching, or initiating conversation with, or seeking to physically approach, or seeking to initiate, conversation with any lone female."
Breaching the conditions of the order would be a criminal offence, punishable by a potential prison term of up to five years.
Smith will also continue to be on the Sex Offender Register for the full five years while the order is in place, said the judge. For the sexual assault last year, the defendant was given a one-year community order.
The sentence included 100 hours of unpaid work and an order to pay compensation of £200 to the victim.