Sutton sex assault man was too drunk to stand trial

Leon Clarke apologised to Judge Stuart Rafferty QC when he appeared before him at Nottingham Crown Court on Thursday.

He admitted the charge of sexual touching, which happened in 2018, after previously denying it.

Andrew Wesley, mitigating, said Clarke, aged 40, has been sofa-surfing for the last four years and registered himself as homeless just before Christmas.

He said Clarke had been dressed smartly for court on Wednesday, but got drunk because of his anxiety before the hearing.

Prosecutor Stuart Baird said the defendant downed a bottle of vodka and was mumbling "everything is f***** up" on the day of the offence.

Clarke grabbed his victim from behind and put his hand on her genitals. He later told police he only put his arm around her.

The court heard he has a previous conviction for battery against a former partner in 2017, and drink-driving in 2018.

Judge Rafferty told him: "For a long time you were in denial about what you did and the classic reason for that was demonstrated yesterday when you - incapable of standing up straight - looked me in the eye and told me you weren't drunk, when patently you were.

"Denial is a bad thing when you drink as much as you do because your life has been overtaken by drink for far too long.

"It's sad that I had to lock you up overnight. But then again it's a clear reminder to you of what the other side of life is when you're a drunk and you keep committing offences."

The court heard Clarke's victim wanted "acknowledgement" that what he did was wrong.

"She's had to live with this just as you had," Judge Rafferty said.

He said it was "comforting" to know Clarke now has accommodation arranged with Framework and some prospect of finding a job.

He took the "exceptional" step of giving him a two-year conditional discharge, and imposed a restraining order for three years.

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