Legal News

A student who assaulted a woman at a party by slapping her in the face with his penis while she was asleep has been jailed for nine months at Nottingham Crown Court.

The Daily Mail reports that John Luke Dale, 21, from Milton Keynes – who had plans to train as a solicitor after completing a criminology degree – was filmed by a friend as he sexually assaulted the sleeping woman, who then showed the video captured on his mobile phone to his workmates.

The court heard that the incident took place at a house party, where the woman fell asleep. Dale stripped to his boxer shorts and pushed his penis into the sleeping woman’s face and then slapped her across the cheek with it.

The assault came to light after the friend who filmed the act on his mobile phone showed it to workmates.

Dale was studying for a criminology degree at Nottingham Trent University at the time of the assault. After the video was shown to others, the police were called and Dale was arrested.

In September, he admitted sexual assault and was jailed for nine months by the court.

However, the details of the case were only revealed in October after Dale’s legal team attempted to overturn the conviction at the Court of Appeal on Tuesday (22/10/14).

Judges sitting at the Appeal Court turned down the appeal, however, saying that the offence has caused the victim “obvious and significant distress”.

Judge Alistair McCreath said:

“One can see in stark form the distress caused to the victim of this offence – and the continuing nature of it.

“The sentence the judge imposed cannot possibly be wrong in principle. She struck a balance between the mitigating and aggravating factors and exercised her judgment in a manner which was open to her.”

The victim – who cannot be named for legal reasons – submitted a victim impact statement to the court, in which she said she had felt “violated” by the sexual assault and the video taken at the time.

“It makes me think it could still be out there in someone’s possession and that anyone could have it,” she said. “Knowing that it could exist petrifies me.”

Dale’s legal representative told the court that his client had received “no sexual gratification” as a result of the assault.

“It was a stupid, drunken incident that lasted a very brief period of time, where he slaps his flaccid penis on the head of a sleeping woman.

“It was extremely unpleasant – but not driven by any sexual motivation on his part,” he added.

Dale had been kept away from his victim until after he had graduated from Nottingham Trent University – and had lived at his parents home under curfew. He is also working for his father to pay compensation to the victim of his sexual assault.

Duncan Lewis Crime Lawyers

Duncan Lewis crime lawyers are available 24/7, 365 days a year to advise at any stage of a criminal charge, including charges relating to sexual offences, such as sexual assault, rape, domestic violence, child abuse, making, distributing or downloading indecent images, or charges relating to grooming and child sex exploitation.

Duncan Lewis crime lawyers regularly visit police stations, courts and prisons to advise on charges relating to sexual offences, including youth courts and Young Offender Institutions.

For expert legal advice on criminal law and representation for interview under police caution, call Duncan Lewis crime lawyers on 020 7923 4020.

For out-of-hours representation, call the Duncan Lewis Out-of-Hours Crime Lawyers Hotline on 07920 077057.