Teenager who abused three-year-old niece is spared prison term

A TEENAGE boy who sexually assaulted his three-year-old niece has been spared a prison term.

And the 16-year-old, who cannot be named for legal reasons, will not have to register as a sex offender as a result of the sentence.

Chris Smyth, prosecuting, told Swindon Crown Court how the teenager was staying with his sister in Penhill when the offence took place in October or November 2013.

He said the little girl was also staying with her mum when the teenager and another much younger boy, molested her.

When she was with her father the toddler told him the two boys had touched her genitals and the police and social services were called in.

Shortly after, the defendant, who was then aged 15, sent a text to his sister saying 'I did it', and 'I'm so sorry'.

He wrote that the three of them 'were messing around' when they touched the little girl, repeating the claim again in a Facebook message.

"Despite this text message he was to deny this in interview," Mr Smyth told the court.

After entering not guilty pleas the case was listed for trial and the girl, then aged four, was prepared to give evidence before a jury.

But the teenager changed his plea to admit the lesser of two sexual offences before the trial started in September.

Rob Ross, defending, said his client had been seen by a psychologist, psychiatrist Dr Caroline Bradley and the Youth Offending Team

He said he had been on remand in the care of the local authority and is now living out of the area.

"He is a young man who in the next few weeks is to start an apprenticeship. It is quite clear he has done exceptionally well in his accommodation," he said.

Passing sentence Judge Tim Mousley QC said: "You committed an offence which really sets the alarm bells ringing in the minds of people including myself.

"It was the sexual assault of a child under 13, but she in fact was three years old at the time.

"Although physically it was not the most serious of assaults it is that she was so young that causes people extensive concerns, not so much for what you did but what you might do in the future.

"When you first came before me last September I indicated I had in mind passing a supervision order of some sort.

"I wanted to be satisfied that that was sufficient to deal with any concerned anyone might have of your behaving in that way in the future.

"You have been seen by Dr Bradley and the Youth Offending Team. The material I have before me says a lot about you and your background.

"You seem to have endured a period in your life where you are really going to change your ways and make something of yourself.

"Dr Bradley says you are an intelligent young person who has the ability to go on and live a satisfying life, notwithstanding the very real difficulties you have had as a young boy."

He imposed an 18 month youth rehabilitation order with supervision and must live in local authority residence for six months.