October 2018

Sex offender who got 14-year-old girl pregnant walks from court

Despite being warned today that probation officers could ‘not manage the risk’ of a registered sex offender and wanted him locked up, a Gloucester judge has decided not to jail him.

Gavin McDonald-Creek, of Boundary Road, Houndstone Road, Yeovil, who got a 14-year-old Gloucestershire girl pregnant, was given a suspended jail term at Gloucester Crown Court in July but has failed to obey the terms of the sentence.

He has not attended supervision appointments as directed, the court was told.

McDonald-Creek was due to attend a breach hearing last week but failed to turn up to court and a warrant for his arrest was issued.

He was caught last Friday, and remanded in custody until today.

Probation Service officer Joanne Hall told Judge Ian Lawrie QC today: “Probation are not able to supervise him. We say the risk he poses cannot be managed effectively in the community.”

She said his lack of attendance was ‘not acceptable for someone who is registered sex offender’ due to his ‘continuous moving around the country’.

“He is not taking the matter seriously.” Ms Hall said. “And is showing that through non-compliance.

“The request today is to activate the suspended sentence,” she said.

However, Judge Lawrie ignored that and told McDonald-Creek: “I am giving you an opportunity to prove yourself.”

He released McDonald-Creek from custody and told him he must attend every single appointment until a further hearing that the judge scheduled for December 8.

Judge Lawrie said he wanted to see a ‘sterling example of compliance’ from McDonald-Creek, and warned him: “By the slenderest of margins I am adopting this course.”

In July, McDonald-Creek walked away from court onto the suspended sentence he has now breached, after he admitted having sex with an underage girl in Gloucester several years ago, when she was 14.

At the original sentence hearing Judge Lawrie heard that McDonald-Creek started having sex with the girl, who cannot be named for legal reasons, when she was 14.

Prosecutor Sam Jones, told the judge the girl became pregnant before her 15th birthday.

However he said the prosecution accepted that McDonald-Creek did not know she was 14 at that time, and only became aware of her true age during the pregnancy.

The barrister said that once McDonald-Creek did know her age, and after she gave birth, he resumed having sex with her when she was aged 15.

MacDonald-Creek pleaded guilty to sexual activity with a child.

Mr Jones described the victim as vulnerable, saying that she had been suspended from her school aged 14, due to ‘poor behaviour towards teachers’.

“There were some concerns in his local community about his behaviour to young girls, aged 14, 15 and 16,” Mr Jones said.

“He engaged in a sexual relationship with a 16-year-old,” Mr Jones told the judge. “She too became pregnant.”

Mr Jones said his contact with the victim ‘started as friendship’.

He said: “Initially she was not truthful about her age, saying she was over the age of consent.

“The relationship became sexual, and she became pregnant.”

The prosecutor said that eventually, whilst she was still under age, McDonald-Creek moved in with her at her mother’s address in Gloucestershire.

“She permitted it?” the judge asked.

Mr Jones said she did.

“Extraordinary,” the judge remarked.

“It perhaps shows her vulnerability that her mother behaved in that way,” the prosecutor observed.

Mr Jones continued: “It must have been obvious she was under 16.

“She was going to school, and attending medical appointments regarding the pregnancy where her date of birth was mentioned.”

He pointed to a birth scan that showed the girl’s date of birth.

“During her pregnancy he must have become aware she was a child,” Mr Jones said.

Social services and her school raised concerns, and the police were alerted.

They spoke to her and she told them that she had told McDonald-Creek she was over 16, and ‘he became upset when he realised she was below 16 and he ended the relationship with her’, the prosecutor explained.

“She’s a damaged individual,” the judge observed.

Mr Jones agreed: “She displays all the features of vulnerability.”

He said that after the birth of the child, he ‘engaged in a sexual relationship with her, knowing full well she was a child’.

“The defendant’s current partner made contact with the victim,” Mr Jones said, explaining how the offences finally came to light.

“She was complaining about his lack of contact with his child.

“This led her to go to the police,” Mr Jones said.

The court heard a summary of a statement the victim made about the impact of the offence on her.

She said it was difficult dealing with a pregnancy at such a young age, and with the stigma in a small community.

She said McDonald-Creek had been absent throughout the life of their child, and she felt he had taken advantage of her.

The judge said: “It devastated her youth.

“There was no effort at redemption from the defendant it would seem from that statement.

He said McDonald-Creek had a ‘rather unhealthy liking for young girls’ and noted a ‘significant disparity in age’.