Derbyshire man who abused underage girl tried to blame his victim

Damian Toon told the girl, who cannot be identified for legal reasons, not to tell anyone about what happened more than 14 years ago.

Prosecutor David Eager said Toon only pleaded guilty to two counts of sexual activity with a girl aged under 16, on the day of his trial, on December 14, last year.

Nottingham Crown Court heard Toon "fully denied" the allegations when he was first arrested.

Mr Eager said there were elements of grooming and abuse, and Toon’s victim drank alcohol while underage at least once.

Recorder Stuart Sprawson said: "On no less than three occasions (the defendant) put the blame on the victim... Effectively accusing her of making it up.

"He feels effectively that the victim distorted what happened. I understand he withdraws it now. I am not as convinced by his remorse."

William Bennett, mitigating, said: "It is a massive pity that he wasn't brave enough to admit it earlier."

“His remorse is clear. He says: “I know I was wrong. I have regretted it ever since. I wish it had never happened."

“He spoke of the long-lasting damage he has caused. The probation service says they can work with this man.”

Mr Bennet said Toon, now aged 46, has mental health difficulties, including paranoid schizophrenia, anxiety and depression.

On Thursday, the judge described the victim as “young, vulnerable and impressionable” and, while Toom wasn’t directly responsible for her isolation and struggles with mental ill-health, what he did was “a major contributory factor” to her predisposition to self-harm and self-doubt.

He told Toon: "You chose to pursue your innocence for month after month after month, during which the complainant would have been informed that she was required to give evidence and relive the trauma that you caused before a jury. You should be ashamed of yourself for putting her through that."

But he said the intensive rehabilitation Toon requires would not be available in prison.

Toon, of Park Street, Alfreton, received a 12-month sentence, suspended for two years, with a three-month curfew and 30 rehabilitation days. He was placed on the Sex Offenders Register for ten years and must pay £400 costs.

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