A woman convicted of sexual offences against a teenage boy has avoided jail after the Royal Court ruled that her case was “exceptional” – despite acknowledging that offences of this “seriousness” would normally lead to a prison sentence.
Former care worker Donna Bentley (53) was sentenced to 456 hours of community service for two counts of procuring an act of gross indecency and one count of indecent assault.
A jury had unanimously convicted her of subjecting the male victim to intercourse at an age he “could not lawfully consent to sexual activity with an adult”.
The three offences concern a single incident which took place more than 30 years ago.
Similar offences “normally” result in jail time
Deputy Bailiff Mark Temple, presiding, said Bentley had committed “serious sexual offences” against a child.
“The court has given very close attention to whether a sentence of community service can be passed as a direct alternative to custody in this case,” he said.
“Normally, sexual offences of this degree of seriousness on a child will attract a custodial sentence.
“However, the court considers unanimously that this case is an exceptional one which warrants the court to depart from its established policy.”
Normally, sexual offences of this degree of seriousness on a child will attract a custodial sentence
Deputy Bailiff Mark Temple
The court took account of Bentley’s “very positive work ethic” and “absence of offending throughout her adult life”.
Her community service order, equivalent to three years’ imprisonment, must be completed over two years.
Crown Advocate Carla Carvalho had sought a prison sentence of five years and four months.
She told the court that the offences had caused the victim “physical, emotional and mental” harm, culminating in a diagnosis of complex PTSD from childhood trauma.
“Donna has ruined my life,” said victim
In a victim statement read to the court, he wrote: “Donna has ruined my life.”
Crown Advocate Carvalho said Bentley had “humiliated” and “degraded” the boy by “laughing at him” during the abuse.
She argued that finding him “asleep” before subjecting him to sexual intercourse aggravated the offences.
Advocate Frances Littler, defending, said Bentley was “not in a position of trust” at the time and noted that the incident happened when she was intoxicated.
“On the night in question, it was a spontaneous decision that she made under the influence of alcohol and cannabis,” said Advocate Littler.
“I appreciate intoxication is not a defence, but it is, however, a relevant circumstance to show a lack of planning, grooming or deliberate isolation factors.”
Bentley “expresses remorse” for the victim’s experience, but her “continued denial” and “lack of memory” mean she cannot provide a “meaningful insight” into her offending, the court heard.
A “devoted mother” who “shows kindness to others”
Advocate Littler said a Probation Service report recommended community service and found insufficient evidence that Bentley currently posed a risk requiring a custodial sentence.
Character references from friends, family and former colleagues described her as a “devoted mother” who “shows kindness and compassion to others”.
Bentley worked as a registered care manager at Les Amis for 11 years before resigning earlier this year.
She was sentenced yesterday by the Royal Court’s Superior Number, which convenes for the most serious cases.
The court also imposed a three-year restraining order, placed Bentley on the sex offenders register for a minimum of three years and ordered her to pay £1,000 towards prosecution costs within three years.
“Victims will be taken seriously regardless of gender”
Detective Constable Elianne Jones, who led the investigation, praised the victim’s “considerable courage” in reporting the offences.
“I hope his experience shows other victims that they will be listened to, supported and taken seriously regardless of gender,” she said.
“We will investigate reports of offending however long ago they occurred. Anyone who is not ready to speak directly to the police can approach independent support services for confidential advice and assistance.”
In a statement, the victim said the conviction showed “that there is no place to hide for sexual abusers, even if it happened a long time ago”.
He added: “For anyone who has suffered, or is still suffering from sexual abuse, I would encourage you to come forward.
“There is a huge support network available that can help victims like me through the process, in particular Dewberry House and Jersey Domestic Abuse Support.
“JDAS have provided me with invaluable support throughout the police investigation and the court process.”
