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John McDonald, a 35-year-old resident of Orkney Close in Blackburn, Lancashire, appeared before Preston Crown Court charged with engaging in non-penetrative sexual activity with a child and sexual assault. The offence occurred in spring 2024 at McDonald's home, where the victim, a child, was asleep in his bed. McDonald waited for the child to fall asleep before taking advantage of her vulnerability, committing the sexual assault.
The victim awoke during the assault and immediately reported the incident to her parent later that night. Prosecutor Richard Howarth read out a poignant victim impact statement in court, which detailed the profound and lasting effects of the crime. The statement said: “The sexual assault was not a moment in time but has changed my life in ways that I cannot imagine. I live with anxiety and a loss of trust, I struggle with sleep and relationships, and the emotional pain is constant. This crime has taken away my sense of security and decency, and I had to rebuild myself piece by piece, and that process is ongoing.”
Recorder John Richard Jones, presiding over the case, ruled that the offence involved a degree of planning, as McDonald had deliberately waited for the victim to fall asleep. The judge also noted that McDonald attempted to prevent the victim from complaining to the court and her father by recording her stating a denial of the assault. Throughout the recording, the victim appeared disturbed and in complete disagreement with McDonald's assertions. These actions underscored the manipulative nature of the defendant's behaviour following the incident.
In mitigation, Hayley Parkes, representing McDonald, highlighted positive character references from previous employers, where he had held positions of responsibility, including work with a security firm. She also mentioned his role as a carer for his father, who now relies on his partner for care amid her own difficulties. Parkes expressed concerns about the adverse impact of the conviction on McDonald's family and noted his intention to use his time in custody productively. She added: “The personal care has been shouldered by his father's partner, and it is a concern of the defendant's family and the adverse impact on them and a reflection of his character in other realms of his life. He wishes to put time in custody to good use. He is a diabetic and has had issues getting his medication. He wishes to assure the court that he will put time to good use in custody and prepare himself for society when he is released.”
Despite these submissions, McDonald received no credit for his plea, as he maintained his innocence throughout, leading to a jury trial. Recorder Jones sentenced him to four years' imprisonment. Additionally, McDonald was made subject to a restraining order and a sexual harm prevention order lasting 15 years. The case was reported by the Lancashire Telegraph, with the prosecuting authority linked to Lancashire Constabulary, based on the local jurisdiction of Blackburn.