Teenager Avoids Jail for Stabbing Man Who Abused Her
A judge has refused to jail a teenage girl for stabbing a 56 year old man, because he sexually assaulted her when he was just eight years old.
Judge Jonathan Durham Hall QC claimed it would be a disgrace to hand the child a custodial sentence, despite the girl stabbing the man in front of his own children. The judge also refused to charge the teenager with the mandatory victim surcharge, adding:
‘If anyone tries to force you, I will pay it myself.’
‘It would be a disgrace to send a survivor like you to prison.’
Bradford Crown Court heard how the girl went to the man’s house in November last year and stabbed him near his heart, severing a major artery, telling him:
‘I’m going to kill you.’
Afterwards she hugged her aunt, who was also at the property and said ‘Tell my mum I love her’, before handing herself into Trafalgar House police station. When she arrived at the station she told officers:
‘I’ve killed someone.’
The man was saved by the fast action of paramedics at the scene of the attack and later by surgeons at hospital. He required a blood transfusion and was kept in intensive care.
Let down by justice system
The court heard that the girl’s actions were due to the fact that she felt severely let down by the justice system. When the teenager (who cannot be named for legal reasons) was eight, she was sexually assaulted by the man (who also can’t be named for legal reasons). However, he was not jailed for the offence, instead he was handed a community order.
Originally the girl was charged with attempted murder; however the Crown accepted her guilty plea of causing grievous harm with intent.
According to the prosecution, the teenager was ‘entirely destroyed’ when her abuser was not handed a custodial sentence for his offences. Due to his denial the girl was forced to provide evidence in court and later she became paranoid that he would come after her. The court also heard how the girl was eventually excluded from school for poor behaviour.
Elyas Patel, mitigating, said:
‘Rightly or wrongly, this 15-year-old felt that the justice system had let her down.
‘With Your Honour at the wheel, the justice system will not fail her today.’
‘She was left deeply troubled and scarred. She acted in a few moments of despair and desperation.
‘This is an exceptional case which requires an exceptional course.
‘This deeply troubled and damaged child, bedevilled by low self-esteem, is crying out for help.’
Judge Durham Hall sentenced the girl to a two year Youth Rehabilitation Order with supervision, telling her:
‘You stabbed him in the region of his heart,
‘Mercifully, you did not kill him.
‘He was saved by excellent medical intervention and has made a pretty full recovery.’
The judge continued:
‘Why did you stab this man? Because when you were eight in 2009 he committed serious sexual offences against you.
‘He was treated by the courts, with hindsight, somewhat leniently but things have changed. Now there is condign punishment in cases of this nature, in accordance with the guidelines.’
Sexual Abuse – Expert Advice
Hampson Hughes Solicitors specialises in directing sexual abuse claims in a considerate and compassionate manner. Our Abuse & Criminal Injuries Department is headed by Greg Neill – Greg is a member of the Association of Child Abuse Lawyers (ACAL).
For an open and friendly conversation about your situation, and to find out how we can assist you relevant to your individual experience, call 0800 888 6 888 or email firstname.lastname@example.org.
You will be given the direct-dial of your case handler, meaning that you will always be able to reach the person you need.
Source: Daily Mail