By Emily Caulkett-
A 64 year old man has been spared an immediate prison sentence for sexually abusing a young boy because he has cerebral palsy and learning disability.
Alan Thompson from Bingley, pleaded guilty to inciting a child under 13 to engage in sexual activity and to two counts of sexual activity with the same boy.
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Prosecutor David McGonigal told Bradford Crown Court that Thompson would touch his victim indecently in return for giving him small gifts of money, varying from £1 to £3.
The court heard that he once asked the boy to touch him in a private place on one occasion but when he refused he did not persist. The fact he did not persist did not prevent the damage done.
The boy’s mother told of ‘the massive impact’ the abuse had had on her son and her anger at what Thompson had done.
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Robin Frieze said in mitigation that Thompson had many health problems and a learning disability. There was an element of ‘guilelessness and immaturity’ about his offending.
He was keen to take advantage of the help offered by the probation service after fully and honestly acknowledging that he had a sexual attraction to children.
Mr Frieze said he had no access to any children at the address where he lived.
The case had taken nearly two years to come to court and nothing would be achieved by jailing him.
Judge Andrew Hatton said the boy ‘bottled up’ what had happened until he told a school friend and the police were alerted.
He was so ‘embarrassed and ashamed’ he had to write down what Thompson had done to him rather than speak out loud about it.
Thompson encouraged the boy to think there was nothing wrong with his behaviour. But he was of otherwise good character and he had cerebral palsy and a learning disability.
He was sentenced to two years imprisonment, suspended for two years, with up to 50 rehabilitation activity requirement days with the probation service.
Judge Hatton said there was a real prospect of rehabilitation now Thompson had acknowledged his ‘difficulties in relation to young boys.’ The court made a Sexual Harm Prevention Order for the rest of his life and he must sign on the sex offender register for ten years.
The last time a court vindicated someone for an offence of cerebral palsy was in 2017 , when a young boy was assaulted by a man on a wheelchair who committed an indecent act on the boy when the youngster climbed up the side of his wheelchair in Blair’s bungalow.
He said: ‘I’m satisfied in highly exceptional circumstances that it would be contrary to the interests of justice to follow the guidelines.
‘And my reasons are firstly your history, as I’ve summarized it from the psychologist report, and secondly your present circumstances which indeed are the circumstances throughout your life. ‘It would be extremely difficult, if not impossible in my judgement, to deal with you in prison given your condition.’
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