Man assaulted sleeping woman

York Crown Court
York Crown Court

A MAN who flaunted his red Playboy designer underpants before a fellow party guest later climbed into bed with her as she slept.

Scott Kerr, 23, then removed some of the woman’s clothing and touched her as she slept, York Crown Court was told.

She then slapped his face, the court heard.

Kerr, of Robin Hoods Lane, Ravenscar pleaded guilty at a previous hearing to sexual assault on a female and appeared for sentencing.

In a Victim Impact Statement before the court, the victim, who is also in her 20s, said that she had been left feeling guilty herself, sick and frightened of the defendant doing it again.

Catherine Hollins, prosecuting, told how the woman and Kerr had been invited to the same party, but did not know each other.

Both had been drinking and, after finding himself alone with the woman, Kerr, who later admitted that he had been “blathered” began putting his arm around the woman, calling her “darling” and then took off his trousers to show off his underwear.

His advances were rejected by the woman who then went upstairs to sleep, waking some hours later to find Kerr in bed with her.

Kerr, who admitted to the police that his victim could not have consented because she was asleep, was said by Ian Brook, mitigating, to have been “frightfully drunk”, and could only think that he had climbed into the wrong bed.

Mr Brook said that Kerr could not remember what had happened, but realised that something must have because he woke up next to the woman who slapped his face.

Rejecting Kerr’s claims, Judge Christopher Batty said that he regarded the truth as being Kerr being persistent and, in the early hours of the morning and in his “stupor”, trying his luck again.

Adding that the events must have been “terrifying” for the woman, the judge told Kerr that he had to realise that when someone said “no” to him they meant just that.

Kerr was placed under a community order with 24 months supervision, ordered to complete 100 hours unpaid work and to take part in a sex offender treatment programme.

He was also placed on the sex offenders’ register for five years and made the subject of an indeterminate restraining order to prevent him having any further contact with his victim.