DAMIAN GOUGH FALMOUTH SEX OFFENDER ESCAPES JAIL DUE TO RESTRICTED SENTENCING LAWS

In a case that has sparked debate over sentencing laws for child sex offenders, Damian Gough, a 49-year-old man from Falmouth, narrowly avoided imprisonment after admitting to downloading hundreds of indecent images of children. The incident was brought before Truro Crown Court, where Judge Christopher Elwen handed down a sentence that many consider lenient given the severity of the crimes.

Gough, who has been a Scout master with the 6th Falmouth Sea Scout Group for 14 years, was found to have engaged in disturbing online activity involving the exploitation of minors. The court heard that he had downloaded more than 250 indecent images, including movies and still photographs, depicting children in sexual acts. Among these, 15 still images and seven video clips were classified as level five, the most serious category, while an additional 106 images were rated at level four.

At the sentencing hearing, Judge Elwen expressed strong criticism of the current legal framework, which restricts the maximum penalty for such offenses. He pointed out that Gough, who was formerly residing on Tregullow Road but is now living at a Salvation Army hostel in Birmingham, could only be sentenced to a three-year community order, which includes participation in an internet sex offenders programme. Additionally, Gough was prohibited from working with children and was required to wear an electronic tag for six months. He was also subjected to an 8 pm to 6 am curfew, mandated to sign the sex offenders register for five years, and banned from using the internet or email unless supervised for the same period.

Judge Elwen criticized the limitations imposed by the law, stating that the maximum jail term of approximately six weeks for Gough’s offenses was “a waste of time.” He emphasized that such leniency fails to serve justice or protect the community, especially considering the potential for rehabilitation and deterrence. The judge remarked, “Without people like you prepared to surf the internet and download this disgusting material, there is a chance a stop could be made to the exploitation of these innocent and vulnerable people.”

He further explained that the only effective way to prevent future abuse is through the imposition of very stiff custodial sentences on those who view and download such material, as this behavior fuels the exploitation of children. The judge lamented that the current sentencing guidelines do not allow for tougher penalties, which he believes are necessary to combat this form of online child abuse.

Prosecutor Elaine Hobson revealed that during police interviews, Gough admitted to watching images of children engaging in sexual acts over several years. He described feeling initially sickened by the images but later became curious about the children's actions.

Gough, who also served as an altar server at St Mary’s Catholic Church, pleaded guilty to 15 charges related to the creation and possession of indecent images of children. His case highlights ongoing concerns about the adequacy of legal measures to address online child exploitation and the importance of stricter sentencing to protect vulnerable victims.