Eight years behind bars for teen rapist

Friday 05 April 2019

Police have praised the “great strength and courage” of a teenage girl for speaking about about abuse inflicted on her while she was plied with drugs and alcohol, after her rapist was sentenced to eight years behind bars.

Derek David Allen (41) was unanimously convicted of one count of rape and one count of indecent assault, both of which he denied, by a jury in December 2018 - crimes that traumatised his 16-year-old victim.

He was accused by the teenage girl of having raped and indecently assaulted her in the early hours of 8 March 2018, after giving her a significant amount of vodka and rum-based drinks as well as cannabis. Officers estimated that at the time of the incident the girl would have been just over three times the legal driving limit for alcohol.

The girl said she had not consented to any sexual contact with Mr Allen. He said they had shared a consensual kiss but couldn't remember anything that had happened after.

Pictured: Allen served the girl a number of vodka and rum-based drinks the night before he raped her.

The girl said Mr Allen kissed her, before putting his hands down her pants. She repeatedly told him not to do so, but the court heard that he didn't stop, took her trousers and pants off and got on top of her. 

According to the teen, Mr Allen "didn’t take notice of anything she was saying”. She says he then raped her, and that "no matter how many times she said ‘no’, he continued."

Forensic analysis found that Mr Allen's DNA was on internal swabs taken from the girl, while her DNA was found on the inside of Mr Allen's jeans, around the crotch area.

Crown Advocate Matthew Maletroit described Allen’s offences as “serious”. He told Court that the young girl has been diagnosed with post-traumatic stress disorder (PTSD) as a result of the assault.

He said she had suffered “severe psychological harm” and “clinically significant emotional distress”, which led her to harm herself and drink alcohol “to dangerous levels” to block out the memories.

Pictured: The Court heard that the girl suffered "severe psychological harm” as a result of the assault.

The Court heard that Allen told probation officers he had no recollection of the events. “He is firmly of the opinion that (the girl) has lied about the events and even claimed that he may have been slipped something,” the Crown Advocate said, noting this showed Allen had no appreciation for the effect of the assault on the teenager.

The Crown Advocate moved for a total sentence of 11 years, and for Allen to remain on the Sex Offenders' Register for at least 15 years. He also asked the Court to impose restraining orders preventing Allen from contacting the girl for an undetermined period.

Allen’s lawyer, Advocate Adam Harrison, told the Court that the case was not one of “child sex offence” as the victim had reached the age of consent.

He acknowledged that Allen's mitigation was "regrettably limited" as he didn't have the benefit of remorse. However, he told Court that Allen had no previous conviction and was of previously good character.

The Deputy Bailiff, who was sitting with Jurats Kim Avery, Elizabeth Dulake, Collette Crill, Anthony Olsen and Jerry Ramsden, sentenced Allen to a total of eight years in prison. The Court will publish its reasons at a later date along with their decision on the restraining orders sought by the prosecution.

Allen will appear on the Sex Offenders' Register for at least 15 years.

Acting Detective Inspector Cathy Davison, head of the Public Protection Unit, said that the victim had received support from an Independent Sexual Violence Advisor (ISVA) and specially-trained Police officers during the trial process.

She added: “Any sexual assault is the most abhorrent of crimes and the impact that this sexual assault has had on this young victim is significant.  However, she has shown great strength and courage throughout this investigation and the sentencing today reflects the seriousness that the Courts take when sentencing for these most detestable of crimes.

“The ISVA Service will continue to work with this young lady to ensure she receives the help and support that she needs to re-build her life.”