October 2017

Sex offender ‘played on the swings’ with special needs girl

A 20-year-old man who groomed a special needs girl from Colchester, said she was being ‘fliratious’ after they met in her village and played on the swings together.

Nicholas Day, of Marine Parade, Brighton, was sentenced to two years and four months for one count of sexual grooming and two counts of sexual activity with a child.

He will also be placed on the sex offenders register for ten years and a sexual harm prevention order.

One girl was just 12-years-old when she met Day, who was living in Colchester, outside a bus stop near her school.

She began speaking to him on social media in October of last year and the pair called and messaged each other repeatedly over the phone.

Prosecuting, John Caudle said: “The messages were of a romantic nature. They arranged to meet in Layer-de-la-Haye in an area known as The Green.

“He tried to hug her but she refused. Her brother had known she was going to meet a 19-year-old and told their father.

“He turned up and shouted at the defendant, who ran away. The father then reported it to social services who told the police.”

Mr Day was arrested on November 18 2016.

The 12-year-old victim had initially told him she was 15, then said she was 14.

Mr Caudle added: “He said he loved her and asked her to be his girlfriend. She initially said no but later said yes.

“He sent her pictures of his face and arms and arranged to meet in her village. They played on the swings.”

Day initially denied the allegations in a police interview last year, saying he did not know the 12-year-old and that she kept ringing and messaging him.

Mr Caudle read out a section of the interview.

He said: “She randomly added me on Facebook. She randomly got my phone number and I answered and said I’m not having any of this and to leave me alone. She was being flirtatious.”

The girl has special needs, meaning that although she was 12, she was operating at a level of an eight or nine-year-old.

A 15-year-old girl was also reported to be in a relationship with the defendant in 2016, for a period of around one month.

The pair met up several times in Maldon, where they often kissed.

Mr Caudle said: “She knew he was 19. She started talking to him on Facebook. They met in Maldon on September 9 2016. In her mind she thought they were in a relationship. They met four or five times and kissed.”

The defendant also sent the victim a series of messages about wanting to see her in her bikini that Mr Caudle read aloud in court.

He read: “When you’re in the pool and you wrap your legs around me can I hold your arse so I can hold you up?”

Day also has a previous conviction of sexual assault in 2015.

Judge Emma Peters handed the sentence.

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