Patrick Doherty

Patrick Doherty, a 31-year-old farm hand residing in Browney near Durham, faced Durham Crown Court for breaching a Sexual Harm Prevention Order (SHPO) imposed following a previous conviction for sexual offences. In November 2015, Doherty had been jailed for 12 months and placed on the sex offenders' register after failing to comply with notification requirements and breaching an interim SHPO. The SHPO explicitly prohibited him from communicating with girls under the age of 16.

The latest incident came to light when the father of a teenage girl reported to police that his daughter had been communicating online with a man. Investigations revealed that Doherty had exchanged photos with the girl and met her in a vehicle. Despite claiming he believed she was 16, evidence from the girl's phone showed they had engaged in sexual contact several days before her 16th birthday. Messages indicated prior sexual encounters, with several deleted, and discussions about the contact continued after her birthday, including reminders to delete messages.

Doherty was arrested shortly after the report. When police requested his phone, he claimed it had been damaged and disposed of, preventing a download of its contents. During questioning, he maintained that he thought the girl was already 16 until seeing 'happy birthday' messages on her 16th birthday, and he offered no comment when asked about the sexual contact. Police obtained a download from the girl's phone, confirming the timeline of events, and applied to vary Doherty's SHPO to restrict his online usage further. Doherty declined a subsequent police interview invitation.

Prosecutor Kathryn Wetherley outlined the breach to the court, noting Doherty's 13 previous convictions for 16 offences, many related to SHPO non-compliance. In mitigation, Shada Mellor highlighted a significant period of compliance with the 2015 order and explained that Doherty was introduced to the girl shortly before her 16th birthday, believing her to be of the age of consent until days prior. She also mentioned Doherty's ongoing pain from a fractured spine, mental health struggles including stress, anxiety, and depression, and his employment as a farm hand while caring for a relative.

Recorder Geraldine Kelly remarked that it was clear sexual contact occurred before the girl turned 16, and Doherty was aware of her age but continued contact, discussing it and urging message deletion. She noted his claim of a damaged phone as fortunate for him. Despite the parents' lack of support for the police inquiry being to his advantage, the Recorder imposed a 16-month prison sentence but suspended it for two years due to strong mitigating features. Doherty was ordered to complete 200 hours of unpaid work, attend ten rehabilitation activity days, and undergo a six-month mental health treatment requirement. Warning him he had been 'lucky', Recorder Kelly stated any breach would activate the suspended term.