A Portadown man dodged jail time after sexually assaulting a 16-year-old store worker while on the job.
Brian Thomas Chapman (58), of Moyallan Road, appeared before Newry Magistrates’ Court on Monday to be sentenced on two counts of sexual assault.
The prosecution stated that on September 23, 2020, a 16-year-old student employed by Brian Chapman told her mother about workplace events.
She stated that Chapman had placed his hand on her thigh and the back of her leg. She further revealed that she was receiving extra money from him and that he was sending her text messages.
The allegations were reported to authorities the next day, September 24.
The victim then gave an interview on October 9, during which she stated that when she was alone in Chapman’s office, he placed one hand on her upper thigh and the other on her lower back, beneath her jeans.
The defendant was apprehended and interviewed at the Lurgan police station, where he disputed the charges. His phone was taken, and an examination was conducted.
The defendant’s first interview occurred on October 9, during which he agreed to sending a message requesting that the victim labour 24 hours a day, seven days a week, but claimed it was a joke.
The second interview took place on January 28, 2021, and he agreed to sending the 24/7 message but denied sending additional messages like “hope you’re spending the pounds on something special”.
Throughout the process, Chapman denied sending the messages and any sexual assaults claimed by the victim.
The prosecution added to Chapman’s criminal record that he was convicted of three common assaults on appeal.
In terms of commission, these matters predated this case, but the conviction occurred during the course of the case and involved a girl working for the defendant.
The prosecution went on to argue that the victim’s age was an aggravating factor, citing a “vulnerability” caused by Chapman’s “power-imbalance” with the young student working for him.
Another aggravating factor, they claimed, was that part of the defence was that the victim had “manipulated or manufactured” parts of the text messages sent.
A defence counsel remarking on the pre-sentence report stated that the author assessed Chapman to be a low risk. He further stated that identical offences were fought at the County Court in response to another complaint, with the judge substituting indecent assault charges for ordinary assault.
He further contended that a Sexual Offences Prevention Order (SOPO) was unnecessary because the offending occurred four years ago, there was no repetition, and the danger had been mitigated.
District Judge Eamonn King noted that the offender was convicted on two of four initial charges following a contest that lasted many days, and that the matter was adjourned to allow for the production of a pre-sentence report and victim impact statement.
He stated that the defendant “continues to deny” the charges and intends to appeal the decision.
After reading the pre-sentence report, District Judge King noted that the defendant “denies ever hugging or touching the individual and denies any sexual attraction to the victim,” but cited a paragraph in the report that stated, “From the available evidence, it’s possible to surmise that he demonstrated risk-taking and impulsive behaviour. Given the victim’s young age and the fact that he was her boss, it appears that he used his position and power to satisfy his sexual desires.
According to the investigation, this exhibited “limited victim empathy and responsibility due to his denial of the offences”.
District Judge King described her as a young girl starting her first job, with the “world as her oyster” in her victim impact statement.
He went on: “As a result of what she said, that was turned on its head. It left her feeling uneasy, worried, and lonely. She separated herself from her friends. She has stopped going out. She didn’t want to attend school.
He also identified a “degree of manipulation” in the case, citing the victim’s first work and the power imbalance between her as an employee and Chapman as the employer.
In his sentencing remarks, District Judge King stated: “I’ve taken the time to underline to the victim in this case that the victim did nothing wrong. The victim did everything correctly, and they should not feel lonely, anxious, or isolated.
“The victim should feel confident, strong and outgoing.”
Given the defendant’s continued denial of the charges, he added: “My sentencing exercise isn’t the end of the matter today, but I will sentence so that we can move forward.
“I am satisfied, irrespective of what the pre-sentence report says, that the defendant took advantage of someone, attempted to groom someone and was guilty of the two offences.”
Chapman was sentenced to three months in prison, with a two-year suspension on both counts. He was also issued a five-year Sexual Offences Prevention Order (SOPO) and placed on the sex offenders’ register for seven years.
Following sentencing, District Judge King set bail for the appeal at £1,000.