October 2008

East Lancashire sex attacker who ‘raped’ girl, 12, jailed

A man who “raped” a 12-year-old girl at a Boxing Night party has been jailed for 27 months.

Derek Roy Smith, then 22, allowed the Oswaldtwistle schoolgirl victim to perform a sex act on him in his car, Manchester Crown Court was told.

Smith, formerly of Oswaldtwistle but now living in St Johns Street, Darwen, admitted a charge of rape brought for instigating the sex act and sexually assaulting the girl, who cannot be named for legal reasons.

The court heard that Smith and the girl were both guests at a party in Oswaldtwistle and Smith had earlier been told that the girl was aged 12.

Prosecuter Lisa Roberts said as the party progressed Smith upset some of his fellow guests by his drunken behaviour, though he was said to be grieving for the death of his young son who had passed away the previous September.

Later he went out to his car to “sort his head out” and the girl was said to have gone out to see him on a number of occasions to console him. The girl’s uncle was later drawn to Smith’s car after noticing its steamed up windows which was when he decided to use his mobile phone to confirm his worst suspicions.

The court heard that Smith’s car was badly damaged by fellow party guests while the girl was dragged away from the scene.

Judge Simon Gibson, also ordered Smith to sigh the sex offenders register for ten years and disqualified him from working with children.

September 2008

Darwen man faces jail for sex act with schoolgirl in his car

A DARWEN man who sexually assaulted a girl in his car on Boxing Day is facing up to four years in jail.

Derek Smith, 23, admitted the rape and sexual assault of a child aged under 13, on the day he was due to face trial for the offences at Burnley Crown Court.

He had previously denied the allegations.

The court was told the assaults took place last Boxing Day.

Smith was said to be drunk and emotional after the death of his baby son the previous September.

The girl had got into his vehicle.

He was upset, talking about the loss of his son and how he loved his partner.

Sexual contact then took place between the pair, the court was told.

The defendant, of St John Street, was bailed until October 24 for a pre-sentence report. He will be sentenced at Manchester Crown Court.

Smith was ordered to sign the Sex Offenders’ Register The length of time he stays on the register will be determined on sentence and the prosecution will also be applying for a Sexual Offences Prevention Order.

In the meantime, Smith was ordered to live at his home address, not have any contact with children under 16 and not contact prosecution witnesses.

The defendant was banned from entering the borough of Hyndburn, where the offences took place, and must also observe a 9pm to 7am curfew.

Judge John Gibson said there would have to be an assessment of dangerous-ness.

He told the defendant he could face a jail term of up to four years and added: “You know a custodial sentence of some length is the over-whelmingly likely outcome.”