A 25-year-old man whose IQ was said to be similar to that of a child has been sentenced to four years and nine months in prison after having sex with a girl under the age of 16.
Jersey-born Keligh Jerard Botting admitted to having “full sexual intercourse” with an “upset” teenage girl after smoking cannabis in October last year.
The Royal Court heard that he had put his arm around her after she had started crying – apparently “to comfort her” – before proceeding to kiss her and committing the sexual offence, while the victim “froze” and continued to cry.
But at a later Police interview, Botting, “…was adamant that he had not forced her” and denied that she was crying during the act, adding that he, “…did not really look at her…and did not know if she was enjoying it or not.”
Following the offence, Crown Advocate Richard Pedley told the Court that Botting had urged the young victim not to tell anyone, although Advocate Lauren Glynn, defending, said that this was not an attempt to avoid Police involvement, but due to him being “ashamed.”
Advocate Glynn detailed that Botting’s intellectual levels were in the lowest 1% of his age cohort, leading to his “emotional congruence” with children. He was also said to have struggled with a “troubled” childhood, having spent time in the care of Children’s Services and was currently dealing with the effects of depression.
In sentencing, Bailiff William Bailhache, who sat with six jurats, described the offence as “serious” and reminded Botting that the teenage victim, “…could not consent to what you were doing,” as she was under 16.
“That makes it the equivalent of rape… You took advantage of her, you knew what you were doing is wrong.”
In addition to his sentence, Botting was ordered to surrender electronic devices capable of accessing the internet and will spend a minimum of eight years on the Sexual Offenders register.
Following the sentencing, an NSPCC spokesperson commented: “Botting took advantage of his victim for his own sexual gratification, and his inexcusable behaviour is likely to have a lasting impact on her well into adulthood.
“The law is very clear – the age of consent in the Channel Islands is 16 years old. Laws are there to protect children and stop abuse or exploitation.
“It is vital anyone affected can get the support they need rather than suffer in silence, as sadly so many do.”
Childline is available 24/7 on 0800 1111 to offer confidential advice. Meanwhile, adults concerned about a child’s welfare can call the helpline on 0808 800 5000.
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