Teenage girl sexually assaulted by man, 42, as she slept next to boyfriend is 'let down' by justice system as abuser avoids jail
A TEENAGE girl who was sexually assaulted by a man as she slept in bed with her boyfriend has turned the ‘nightmare’ experience into a positive by helping others despite feeling ‘let down’ by the justice system.
The 16-year-old, who cannot be named for legal reasons, was assaulted by Havant man Daniel Cake, 42, after he went into the bedroom where she was asleep in the middle of the night before sexually assaulting her.
Portsmouth Crown Court heard how intoxicated opportunist Cake, of Blendworth Crescent, was then ‘kicked off the bed’ by the girl as her boyfriend woke up.
The court heard a ‘hullabaloo’ then erupted in the house where there had been a party the previous evening – resulting in Cake being punched in the face by a man before he was thrown out.
Police were called resulting in Cake, who was in a ‘healthy relationship’ at the time, being arrested.
Despite feeling disappointed by the sentence after Cake walked away from court with his freedom, the teenager is determined to do good following her ordeal.
She said: ‘I want everyone to know what he is really like and for me to help other girls who have had things happen to them.’
The girl’s mum said she was proud of how her daughter had handled the ‘nightmare’ situation but said she was shocked at the lenient sentence. ‘I cannot believe he walked,’ she said. ‘He just has to be a good boy now for a while and that’s it. I wanted him to be sent to prison.
‘I can’t believe he was not jailed. We feel let down by the justice system. What kind of a message does that send out?
‘My daughter doesn’t want to be a victim over this and is helping others who have been through similar things. She has gone on to have success in what she is doing.’
Speaking of the impact the incident had on the family, the mum said: ‘It was horrific to have that call from my daughter telling me what happened. I never thought such a thing would happen to us.
‘It is disgusting what he did. She was sound asleep and defenceless. He said he didn’t remember doing it but how can anyone not remember doing such a thing?
‘It was the biggest shock of her life. Hopefully what she went through will help others talk about experiences that have happened to them.’
Judge Timothy Mousley QC described the act as appalling and shocking.
After his arrest, Cake told police he had consumed up to 12 beers, smoked cannabis and possibly taken cocaine.
‘He could not recall the incident whatsoever,’ prosecutor Charles Digby said.
The girl, in a statement read out to court, said she felt dirty after the incident, which involved her having to undergo a police medical examination.
She also revealed how her life had been turned upside down with her now ‘paranoid’ in certain situations. ‘Before I was very sociable and would go out on my own but now I have to have someone with me all the time,’ she said.
The teenager said she now ‘worries when a man comes near me’ with the incident having a ‘massive impact’ on her life.
She added: ‘What did I ever do to him?’
Jason Halsey, defending, called the incident ‘shocking, humiliating and embarrassing’ before adding: ‘It is inexplicable. He is a man of good character with no previous at 42 years.
‘There is no previous sexually deviant behaviour.’
The barrister said Cake could easily be thrown in prison but he told the court the defendant was remorseful.
Cake was also described as a ‘great’ father.
Judge Mousley added: ‘People that know you say it was out of character. Why you committed the crime is a mystery.’
Cake admitted a single count of sexual assault on a female aged 16 or over.
Despite the charge having a maximum sentence of 10 years jail, the judge concluded there was a ‘realistic prospect of rehabilitation’.
Cake was then given a sentence of 16 months jail suspended for two years.
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He was also told to complete 35 rehabilitation days and was handed a 10-year restraining order and sexual harm prevention order. He must also sign the Sex Offenders’ Register for the same period.