A FORMER care worker who committed a string of historical sex offences against a teenage boy in the 1990s has been spared jail.
Donna Bentley (53) was handed 456 hours of community service for two counts of procuring an act of gross indecency and a single count of indecent assault.
She was previously convicted by unanimous verdict of subjecting the male victim to intercourse at an age he “could not lawfully consent to sexual activity with an adult”.
The three offences concern a single incident which took place more than 30 years ago when the defendant was intoxicated with alcohol and cannabis.
Bentley, who worked as a registered care manager at the charity Les Amis for 11 years before resigning earlier this year, appeared in the Royal Court yesterday to be sentenced before the Superior Number, which only convenes for the most serious of cases.
Delivering the court’s sentence, Deputy Bailiff Mark Temple, presiding, said Bentley had committed “serious sexual offences” against a child.
But he said that the court had taken her “very positive work ethic” and “absence of offending throughout her adult life” into account when considering her sentence.
“The court has given very close attention to whether a sentence of community service can be passed as a direct alternative to custody in this case,” he said. “Normally, sexual offences of this degree of seriousness on a child will attract a custodial sentence.
“However, the court considers unanimously that this case is an exceptional one which warrants the court to depart from its established policy.”
He sentenced the 53-year-old to 456 hours community service – equivalent to 3 years imprisonment – to be served over a two year period.
Bentley was handed a restraining order to last three years, placed on the sexual offenders register for a minimum period of three years and ordered to pay £1,000 towards prosecution costs within three years.
Crown Advocate Carla Carvalho, prosecuting, had asked for a total sentence of five years and four months imprisonment for Bentley.
In her submissions, she referred to the “physical, emotional and mental” effects of Bentley’s offending on the complainant, culminating in a diagnosis of complex PTSD from childhood trauma.
“He stated that a few minutes of sexual gratification for her has continued to cause lifelong problems for me that I have to overcome on a daily basis”, she said.
In a victim personal statement read out to court by Advocate Carvalho, the complainant wrote: “Donna has ruined my life.”
The prosecutor went on to say that the defendant had “humiliated” and “degraded” her victim by “laughing at him” as the abuse took place.
She further argued that the three sexual offences were aggravated by the fact that she found the complainant “asleep” before subjecting him to sexual intercourse.
Advocate Frances Littler, defending, sought to remind the court that her client was “not in a position of trust” when she committed the sexual offences.
She added: “On the night in question it was a spontaneous decision that she made under the influence of alcohol and cannabis.
“I appreciate intoxication is not a defence, but it is, however, a relevant circumstance to show a lack of planning, grooming or deliberate isolation factors.”
It was heard that Bentley “expresses remorse” for the victim’s experience, but remains unable to provide a “meaningful insight” into her offending – owing to her “continued denial” and “lack of memory” as to what took place.
Advocate Littler noted that a pre-sentence report prepared by the Probation Service advocated for a community service order for client, instead of a custodial sentence.
“It states that there is insufficient evidence to suggest that she currently presents a risk requiring management though a custodial sentence”, Advocate Little added.
Turning to personal mitigation, she added that character references from Bentley’s friends, family and former colleagues at Les Amis pointed to a “devoted mother” who “shows kindness and compassion to others”.
Detective Constable Elianne Jones, who led the investigation, praised the victim for his “considerable courage” in reporting his abuse to the police.
“I hope his experience shows other victims that they will be listened to, supported and taken seriously regardless of gender,” she said.
“We will investigate reports of offending however long ago they occurred. Anyone who is not ready to speak directly to the police can approach independent support services for confidential advice and assistance.”
In a statement, the victim described the conviction of his abuser as proof “that there is no place to hide for sexual abusers, even if it happened a long time ago”.
He added: “For anyone who has suffered, or is still suffering from sexual abuse, I would encourage you to come forward.
“There is a huge support network available that can help victims like me through the process, in particular Dewberry House and Jersey Domestic Abuse Support.
“JDAS have provided me with invaluable support throughout the police investigation and the court process.”
