Sam Hobley filmed his friend John Dale slapping a sleeping woman in the face with his penis
A man who filmed his friend drunkenly slapping a sleeping woman in the face with his penis has walked free from court.
Estate
agent Sam Hobley used a mobile phone to film John Dale, 21, humiliate
the victim when she fell asleep at a house party in Nottingham last
year.
The
21-year-old recorded the Nottingham Trent University student as he
stripped to his boxers and shoved his manhood in her face - hitting her
across the cheek.
A court heard Hobley also sexually assaulted the woman by touching her vagina when she was naked in bed in October last year.
The
crime only came to light when he showed the video to his colleagues at
Superdrug, where he was working at the time, who then contacted the
police.
The
victim, who cannot be identified and did not know either men, only
found about the footage when officers visited her on January 21 this
year.
She
now suffers from Social Anxiety Disorder, post-traumatic stress, major
depression and has been suicidal as a result of the video which made her
feel 'sick and violated.'
Hobley, from Milton Keynes in Buckinghamshire, admitted a charge of sexual assault at Nottingham Crown Court yesterday.
The
quivering defendant had to be helped into the dock and said 'I'm too
scared' before being passed a bin by the usher when it appeared he was
going to be sick.
Judge
Joan Butler QC took pity on Hobley and spared him jail instead
sentencing him to nine months in prison, suspended for two years.
He was also ordered to sign on the Sex Offenders' Register for 10 years.
Prosecutor Justin Widoger told the court Hobley destroyed the mobile phone footage a few weeks after the incident.
He said the video showed the victim asleep while the two men abused her.
Mr Widoger added: 'Dale placed his penis on her head and the defendant touched her on the vagina.
'She was naked. He [Hobley] touched her with his hand.
The court heard the two men - who had been out drinking - ran from the room when the victim started to wake up.
Clinical
psychologist Dr Jennifer Wild told the court Hobley - who suffers from
an anxiety disorder - feared rejection by his peers and was trying to
fit in.
The judge said she was concerned about his mental health but was not convinced his disorder had played a part in the offence.
Stuart Jessop, defending, said Hobley and Dale had slightly different roles but accepted it was a joint enterprise.
He
added: 'In interview he [Hobley] said it was Mr Dale's idea and he
followed him, but Mr Dale said it was Mr Hobley and he left him to it.'
Hobley, from Milton Keynes, was
sentenced to nine months in prison, suspended for two years at
Nottingham Crown Court (pictured) - he had admitted a charge of sexual
assault yesterday
Dale,
also from Milton Keynes, admitted sexual assault and was jailed for
nine months at Nottingham Crown Court in September this year.
The
Criminology undergraduate tried to appeal the sentence last month at
the Court of Appeal, but three top judges rejected his case.
The jail sentence and appeal decision has left Dale's hopes of a career in law in tatters.
Refusing the appeal, Judge Alistair McCreath said the offence had caused the woman 'obvious and significant distress'.
He added: 'One can see in stark form the distress caused to the victim of this offence and the continuing nature of it.
'The sentence which the judge imposed cannot possibly be wrong in principle.
'She
struck a balance between the mitigating and aggravating factors and
exercised her judgement in a manner which was open to her.'
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