A RHAYADER man has avoided an immediate prison sentence after he engaged in sexual communication with what he believed was a child.
In reality, the person Robert Brown, 43, was talking to during October and November 2022 was a decoy, who was actually a Dyfed Powys Police officer.
Brown, of Maes y Deri, Rhayader, admitted charges of attempting to engage in sexual communication with a child and attempting to incite a child to engage in sexual activity between October 31 and November 28, 2022.
At Merthyr Tydfil Crown Court on Friday, November 14, prosecutor Samuel Jenkins said Brown was engaged in conversation involving a child calling herself Ruby.
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“The decoy was being played by an undercover police officer on the app Kik,” said Mr Brown.
“She said she was 12, he said he was 16. It moved from Kik to WhatsApp.
“He discussed cuddling and kissing her, and he asked for pictures in her underwear."
Mr Brown added that the defendant also asked the girl to touch herself and they had a brief video call, and he discussed meeting and eventually having sex with her.
John Ryan, representing Brown, said he had no previous convictions, had expressed remorse, and that his client had a lack of maturity, as well as a learning disability.
“There has been a delay of three years, without any explanation,” said Mr Ryan.
“There have been no repetitions, in fact, he’s worked in a charitable way.
“There was a degree of emotional congruence with children, a pronounced desire for female companionship. He has experienced exploitative behaviour from adult females, which led to him turning to people with similar maturity.
“The pre-sentence report author notes how unusual it is for someone offending in this way not to have images of children, which he doesn’t have.
“He has done voluntary work in the community, including at a home for adults.
“He has support from his father; immediate custody would result in the loss of his council tenancy.
“It would impact him beyond punishment, it would render him homeless, despite there being a heightened need for him to have a specific type of property.
“He is considered particularly vulnerable in a custodial environment.”
The court heard Brown was struck down by measles and cephalitis (inflammation of the brain) as a child and had previously left employment due to bullying.
Judge Celia Hughes said she was very keen to sentence Brown today, given what she had read about him and his circumstances in a pre-sentence report.
“I want to tell you that you are not going to prison today. Bullying and social issues have led to you living a very isolated life.
“You have had to wait several years for this court case and I accept your genuine remorse.”
She told Brown that only a custodial sentence was justified. She jailed him for the more serious incitement charge for 16 months. Another six months was handed down for the first offence – with Judge Hughes suspending the sentence for 18 months.
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She said Brown would need to complete 20 rehabilitation activity days, as well as 26 sessions on an accredited programme.
She ordered the forfeiture and depravation of his mobile phone and told him he will be the subject of notification requirements and a sexual harm prevention order for 10 years.
He will also pay £300 costs and a £187 surcharge.
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