Locations
Secker Avenue, Warrington, WA4
Description
A drunk man grabbed a woman by the crotch and strangled her near Warrington Central Station after she rejected his sexual advances.
Martin Dempsey, 56, of Secker Avenue, appeared via video link at Liverpool Crown Court on Monday.
Prosecutor Simon Mintz said that on June 3 last year, Dempsey was drinking with a group in Warrington town centre, including the 34-year-old victim, who had previously rejected his advances.
The group drank in a park before seeking more alcohol. The victim and Dempsey were left alone by a ramp near the station for about 30 minutes.
CCTV showed them talking and playfighting before Dempsey said, "I’m going to f**k you everywhere." She rejected him again, but he became abusive, calling her a "s**g" and a "s**t."
Dempsey then grabbed her crotch over her jeans; she pushed him away and called him an "idiot" to defuse it. Two minutes later, he grabbed her throat, pushed her head against a wall, and restricted her breathing for 10-15 seconds, causing no physical injury.
A witness called her into the station; she looked frightened and thanked them repeatedly.
Police found Dempsey nearby, surrounded by bottles, claiming he couldn't remember except for "playfighting."
The victim's impact statement said she moved from Warrington as Dempsey is "well known" there.
Defense lawyer Phil Tully noted both were intoxicated and the victim also grabbed Dempsey inappropriately near his genitals.
"The complainant grabbed Mr Dempsey in an inappropriate manner over his clothing near his genitals," said Mr Tully. "He accepts that his conduct was worse than that of the complainant and was unacceptable. He understands that they are serious offences and is thoroughly ashamed of his conduct."
Dempsey has mental health issues, alcohol misuse, and feels "genuinely remorseful," Mr Tully added. "He is both ashamed and disgusted by his conduct. He is determined to put his offending behind him. He accepts that what he did was wrong, he accepts that he deserves to be punished."
Dempsey's record includes theft, cannabis possession, and a 2007 probation for playing cowboys and Indians with an imitation firearm while drunk.
Judge David Potter said the victim had repeatedly rejected Dempsey's advances. "You had requested sexual gratification from her on previous occasions," he said. "You again persisted with the request for sex, she again said she wasn’t interested. You tried to accuse her of being a s**g and a s**t. Only a couple of minutes later you then grabbed her by the throat, pushed her head back against the wall and for a good 10 seconds or so, disrupting her breathing."
Citing a survivor from another case, Judge Potter noted strangulation's psychological impact: "People underestimate, said the survivor, how often it happens. This court does not underestimate the effect that this has on those who suffer these assaults."
He acknowledged Dempsey's rehabilitation desire but said "only time will tell" if he stops drinking.
Dempsey, remanded in custody, received 16 months' immediate imprisonment, 10 years on the sex offenders register, and a five-year restraining order.