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A 64-year-old man who sexually touched a teenage girl in an offence which was accidentally captured on video by a fellow partygoer has been jailed for three years and three months – a sentence the Royal Court said it hopes sends a message to women "that they will be protected by the courts of Jersey".
In September, a jury unanimously found Gordon James Burnett guilty of one count of sexual touching without consent.
He was sentenced in the Royal Court yesterday.
The court heard how Burnett, an IT manager who lives in Brighton and has previously worked for Sussex Police, had attended a party in Jersey.
He sat at the bar next to the girl, struck up a conversation, and then put his hand up her skirt and inside her underwear.
Burnett was described as “incredibly drunk” and “old enough to be [the victim's] grandfather”.
Pictured: Burnett was sentenced in the Royal Court on Monday.
Crown Advocate Mike Preston, prosecuting, said that Burnett had "committed this assault in such a way that no one, other than himself and his victim, would know it was happening – or so he thought".
The later stages of the assault were inadvertently captured on video by a friend of the victim who was taking a "selfie video" of the party on their phone.
This footage was subsequently provided as evidence to the police,
Several other witnesses also appeared during the trial on behalf of the prosecution.
Burnett, however, had first claimed he had been too drunk to remember the night, before later describing “flashbacks”, Crown Advocate Preston said.
“Perhaps conveniently, the defendant could not remember standing near a young girl,” he said.
In comparison, the victim's evidence had been “consistent and wholly reliable”. She said she had reacted by freezing and by squeezing a friend’s hand.
She was "shaking and crying" after the assault, which she estimated to have lasted around one minute.
Crown Advocate Preston criticised the defence in the trial for asking the girl why she had not moved while the assault was happening, saying this was “a regrettable line of cross-examination”.
Since the assault, the girl had since avoided going out as she was “scared that such a thing might happen to her again”.
The assault “took away her sense of safety,” the advocate said.
He added that the girl had nightmares, struggled to focus on school, and worried about what people might think of her if they heard about the assault.
The prosecution asked for Burnett to be jailed for three years and six months.
Advocate Olaf Blakeley, defending, moved for a sentence of two-and-a-half years.
He presented “a raft” of personal references to the court, which described Burnett as “a man who is well-regarded by his colleagues and his family”.
Burnett had no previous convictions and assessments found he was at low risk of reoffending, Advocate Blakeley said.
He still denies the allegation and has started the process of appealing against his conviction.
The Deputy Bailiff, Robert MacRae, presiding, told Burnett: “As a consequence of your offending, your victim struggled at school and is very reluctant to socialise.
“She has been referred to the NSPCC for counselling and told a counsellor that she thought the incident was in some way her fault.
“The victim in this case who was described during the trial as a kind, caring and compassionate young woman... described herself as a changed person as a consequence of your offending.
“Women must know and trust that they will be protected by the courts of Jersey and that offenders who are convicted of sexual assault will be punished with custodial terms which fit the crime.”
He sentenced Burnett to three years and three months’ imprisonment, placed him on the sex offenders’ register for a minimum of five years and gave him a restraining order.
The Deputy Bailiff presided alongside Jurats Austin-Vautier and Le Heuzé.
Islanders affected by any of the issues raised in this report can contact any of the following:
SARC at Dewberry House provides expert independent and confidential support to victims of sexual abuse. Tel: 01534 888222. Email: dewberryhouse@gov.je
Jersey Action Against Rape (JAAR) provide and maintain a supporting framework for survivors and their families. Tel: 01534 482800. Email: help@jaar.je
Freeda (formerly Jersey Women’s Refuge) offer help and support for victims of domestic abuse. Tel: 0800 7356836. Email: hello@freeda.org.je
Victims First Jersey is a free and independent service offering confidential support to victims and witnesses of crime. Tel: 0800 7351612. Email: victimsfirstjersey@gov.je
Samaritans offer a confidential and non-judgemental listening ear to people who need to talk. Tel: 116 123 free from any phone or 0330 094 5717 (local call charges apply).
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