A SHIRLEY man who had unprotected sex twice with a 13-year-old girl after she had been drinking at a friend’s home has been jailed.
Donald Miller had pleaded guilty to one offence of sexual activity with a child, and his case had been adjourned for him to stand trial at Warwick Crown Court over the other charge.
But the 20-year-old finally admitted that matter as well – and was jailed for two-and-a-half years and ordered to register as a sex offender for life.
Prosecutor Michael Williams said that in May 2016 a 13-year-old girl who was considered to be ‘at high risk of child sexual exploitation’ was supposed to go to school.
But instead she met up with Miller, telling him she was going to a friend’s home in Shirley and asking him to go with her – although Miller’s barrister said she was already there when he turned up later that day.
The girl and others were drinking vodka with mixers, and it was suggested she ask Miller to get more, and although he says he did not do so, he was aware she was under the influence of alcohol.
Mr Williams said Miller had unprotected sex with the girl and he told the court he asked for consent.
In the morning Miller left for work, while the girl stayed at her friend’s home, and after the police became involved and spoke to the girl, a swab was taken which revealed Miller’s DNA.
Despite that, when he was arrested Miller accepted being at the address but denied having any sexual contact with the girl.
Mr Williams added that in a statement the girl says she has been badly affected by what happened and feels isolated, and that some people think she is lying about it despite Miller’s guilty pleas.
Chiara Maddocks, defending, said: “It has been two years, and he has done a lot of growing up in that time.
“He went there after she had texted him, and when he arrived he was aware she and her friends had been drinking, and he took the very unwise decision to take things further.”
Referring to a psychologist’s report, she said Miller had previously undiagnosed ADHD and dyslexia, and had always struggled to feel comfortable among people of his own age, feeling more comfortable among younger people.
Jailing Miller, Judge Peter Cooke told him: “I have read the psychological report. It does not begin to excuse what you did.
“The main problem associated with the problems you have is maintaining attention. That is not relevant in these offences. I think your difficulties are being overstated and overplayed.
“There were aspects of your attitude to the offending which concerned the author of the pre-sentence report.
“I regard the fact that you acted as you did, knowing she had been drinking alcohol, as a very serious aggravating feature indeed.
“It’s not as serious as giving her the alcohol, but it’s not much less serious to take advantage of her, knowing she had.”