Teen diary entry results in sex assault conviction

Monday 09 September 2019

A 52-year-old man has been jailed for five years after his sexual assault on a teenage girl came to light in an old diary entry.

Written by David Paul Gascoyne’s teenage victim the morning after the incident, the diary account became a crucial piece of evidence against him regarding the indecent assault which took place in the 2000s.

Gascoyne today appeared in the Royal Court where he was sentenced to five years behind bars for the offence. 

At his sentencing hearing, it was heard that Gascoyne put his hands under the girl’s clothes to rub her back before proceeding to grope her bottom and touch her genitals.

Pictured: David Gascoyne has been sentenced to five years' in prison for the offence.

Appearing for the prosecution, Crown Advocate Matthew Maletroit told the Court that Gascoyne's assault only came to light as the result of the teenager’s mother reading her daughter’s diary out of concern that she was being bullied at school.

The mother gave the diary to a family friend for “safe keeping” until her daughter felt ready to make a complaint against Gascoyne to the Police, which she did last year.

The entry opened: “I’m just writing to say I don’t know what to do.” 

She described what happened to her, writing that Gascoyne has “gone way too far” before articulating the dilemma she faced: either she could tell her mum and “see what happens” or "just leave it and forget about it."

When Gascoyne was arrested, he said that the assault “didn’t happen the way that [the complainant] said” and he only admitted that he had touched her over her clothes, never making “skin to skin” contact with her genitalia as she described.

Pictured: The offending only came to light as the result of an entry in the teen's diary disclosing the abuse.

However, he “admitted that the touching was sexual” and when asked if he was attracted to the teenage girl, he said “I guess a little bit.” 

The prosecutor elaborated on the impact the offence had on the victim, noting that although she is now a grown woman, she is still “traumatised” by the experience.

A specialist who assessed the victim found that she suffers from post-traumatic stress disorder as a “direct consequence of the indecent assault.”

The Court was told that what Gascoyne did to her as a child has had a “significant impact” on her social functioning and relationships.

The Crown Advocate also noted that due to the defendant insisting that he only touched her over her clothes, he forced his victim to give live evidence at a court hearing to decide the basis on which he would be sentenced - an experience which she also found “traumatic.”

Pictured: It was heard that the woman had to give evidence as a result of Gascoyne contesting the basis on which he would be sentenced.

Making reference to similar cases of sexual offences against children in order to make his recommendation for sentencing, Crown Advocate Maletroit invited the Court to impose a sentence of seven years for the offence.

Advocate Sarah Dale, representing Gascoyne, emphasised that this offence was a “one off, spur of the moment mistake” and that the background report which the Probation Service compiled on her client found that he doesn’t appear to have a sexual interest in children outside of this offence.

The defence Advocate also remarked upon the “very heartfelt and genuine remorse” that Gascoyne feels over this incident. 

“He feels guilt towards her and her family and this will live with him for the rest of his life.”

It was heard that after the offence, the 52-year-old was “completely baffled and concerned by his behaviour on that occasion” and referred himself to his GP “to seek answers.”

Given the nature of this offence being a single occurrence, Advocate Dale also questioned the usefulness of the cases referred to by the Crown given they all involved sustained abuse against often much younger children. 

Pictured: The Court heard that Gascoyne feels "very heartfelt and genuine remorse" for the assault.

The Deputy Bailiff Tim Le Cocq presided over the hearing and the case was heard by the ‘Superior Number’ – a panel which have increased sentencing powers and only assemble to hear the most serious of cases – made up of Jurats Hughes, Averty, Olsen, Thomas and Pitman.

Handing down the Court’s decision, the Deputy Bailiff noted that not only did Gascoyne subject the victim to the offence, but also to “the distress of giving evidence before the court which was traumatic for her.”

He also acknowledged the clinical psychologist’s finding that the victim in this case has suffered “severe psychological harm.”

On the other hand, it was found that “this was a single occurrence” and that it was “opportunistic in nature” and the Court said that in the years since the incident, Gascoyne’s “good character has shown itself.”

The Court found that other recent cases of child sexual abuse sentencings mentioned by the Crown were “altogether of a different type” because they were of “a different duration” and “a different cumulative severity” than Gascoyne’s case. 

Gascoyne was therefore sentenced to five years’ imprisonment and this is also the minimum period of time that he will remain on the Sex Offenders’ Register before he can apply to be removed.