According to a report from BBC Yorkshire, a former scuba diving instructor has been given an absolute discharge after a court found that he committed sexual assaults against two teenage girls following a trial of the facts at Newcastle Crown Court.
The court heard that the allegations involved inappropriate sexual touching of two girls aged 13 and 16, along with inappropriate email communications sent to other young women. The defendant, who is in his eighties, was ruled unfit to stand trial after suffering serious head injuries in a fall in 2022.
As a result, the case proceeded as a trial of the facts, a legal process used when a defendant is medically unfit to participate in a criminal trial. The purpose of such a hearing is to establish whether the alleged acts occurred, rather than to determine criminal guilt or impose punishment. Jurors concluded that two counts of sexual assault had taken place.
Medical evidence presented to the court indicated that the defendant’s health meant no conventional sentence could be imposed. The judge therefore issued an absolute discharge, which applies when no further legal action is considered appropriate.
During the hearing, the judge praised the two girls for coming forward and acknowledged the courage required to speak out. He stated that while sentencing options were limited by the defendant’s condition, he hoped the court’s findings would provide some sense of closure.
The case highlights the legal framework used in England and Wales when defendants are deemed unfit to stand trial, particularly in cases involving serious allegations and vulnerable victims.
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