Sentence for mentally-ill Mansfield man who raped woman while she slept
and on Freeview 262 or Freely 565
James Spedding, aged 26, of Charlesworth Court, Mansfield Woodhouse, was found guilty of rape after a trial on November 15.
Spedding and his victim were both under the influence of drink when he had unprotected sex with her, said David Webster, prosecuting.
statement.
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Referring to her victim impact statement, he said: “She does not want anyone else to go through what she did. She is devastated and this has changed her life physically and mentally. She wakes up from nightmares and suffers from constant stress and anxiety.”
Gregor Purcell, mitigating, said: “He has had long term mental health problems. He has paranoid schizophrenia which is treatment-resistant. It may to some degree have impacted on his thinking at the time.”
Dr Neil Meggison said Spedding had suffered from a decline in his mental health at the time of the offending and recommended his care is in hospital.
On Thursday, Judge Stuart Rafferty KC told Spedding: "You contested the case. You did not give evidence. The jury was sure that she was asleep through drink. She couldn't have consented.
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"You have never committed a sexual offence before. You have committed other offences. The difficulty the court has is deciding how responsible you are for what you did that night.
"Undoubtedly, based on the evidence given, you knew what you were doing. In terms of your culpability while I accept your mental illness may have had some effect on your behaviour that night I am nevertheless satisfied that your responsibility for it remains high.
“For almost all of your life you have been suffering from mental health problems. Clearly paranoid schizophrenia is an illness that is known to be long lasting and it can only be managed by medication or other means. I am satisfied that you should be treated in a hospital and not in prison.”
Judge Rafferty imposed a seven-year custodial sentence and ordered Spedding to be detained at a hospital under the Mental Health Act of 1982 “for as long as necessary.”
Spedding must serve at least two thirds of the sentence in hospital or custody and he will be subject to licence conditions after his release.
A ten-year restraining order was imposed.