DURHAM PERVERT WHO HAD 'SEXUAL CONTACT' WITH TEEN AVOIDS JAIL
A pervert who had "sexual contact" with an underage girl has been branded 'lucky' after avoiding jail.Durham Crown Court was told Patrick Doherty, 31, was prohibited from communicating with girls under 16 as part of a Sexual Harm Prevention Order (SHPO) put in place after a conviction which saw him jailed for 12 months in November 2015.
The farm hand was also put on the sex offenders' register.
Kathryn Wetherley, prosecuting, told the court that for this latest offence the father of a teenage girl informed police his daughter had been communicating online with a man.
The defendant was arrested days later and, when asked for his phone, he claimed it was previously damaged and disposed of, meaning no download could be made as part of police inquiries.
Doherty told police he thought the girl was 16.
Miss Wetherley said Doherty told police he exchanged photos with the girl and met her in a vehicle, but when questioned on sexual contact he replied: “No comment”.
He said he believed she was already 16 until he became aware of ‘happy birthday’ messages sent to the girl, on her 16th birthday.
Miss Wetherley said a download of messages on the girl’s phone revealed there had been sexual contact between the pair several days before she turned 16.
They discussed previous sexual encounters but some messages were deleted.
Police continued downloading messages, applied to vary the SHPO relating to Doherty’s online usage, and he declined to attend further police interviews.
Doherty was charged with breaching his SHPO, which he admitted.
His 13 previous convictions for 16 offences included failing to comply with notification requirements and breaches of interim SHPO, which led to previous jail time in November 2015.
Miss Mellor, his mitigation, said there was a “significant period” when Doherty complied with the prior SHPO and that he believed the girl was of age until just days before her 16th birthday, when he discovered otherwise.
He also suffers from a fractured spine, causing considerable pain, and struggles with mental health issues including stress, anxiety, and depression.
The court, presided over by Recorder Geraldine Kelly, noted that there had been sexual contact before the girl turned 16 and Doherty was aware she was 15, yet he continued communication and discussed sexual contact, reminding her to delete messages.
Imposing a 16-month prison sentence, Kelly suspended it for two years, citing strong mitigating factors, but warned any breaches would activate the sentence.
Doherty was ordered to perform 200 hours of unpaid work, attend ten rehabilitation activity days, and undergo a six-month mental health treatment requirement.
The court also highlighted Doherty's “lucky” escape from immediate jail and warned him about future breaches.
