Philip Tolley, a 58-year-old man from Quinton, Birmingham, was sentenced to eight years' imprisonment at Birmingham Crown Court for the rape of a vulnerable 16-year-old girl. The court heard how Tolley had groomed the girl, exploiting her vulnerabilities, and encouraged her to drink alcohol to facilitate the sexual abuse. The incident occurred in 2020 at his flat on Wedgewood Road, where he raped her while she was asleep on a mattress.
According to prosecutor Jacinta Stringer, Tolley had previously touched the girl's leg inappropriately while they sat on the sofa together, an action she described as making her feel frozen and unable to respond. On the day of the attack, Tolley mentioned having pornographic films before again touching her leg. The girl, feeling tired and heavily intoxicated, lay down on a mattress behind the sofa and fell asleep. Tolley joined her, groped her, and attempted to kiss her before she passed out again. Upon waking, she felt sore and realised she had been raped, as Tolley asked if she had enjoyed the sex, which she had no memory of.
In a clear attempt to eliminate forensic evidence, Tolley insisted the girl take a bath immediately after the assault and even joined her in the bathroom, commenting that he had already seen her naked. Judge Richard Bond highlighted this behaviour during sentencing, stating it was a 'clear attempt to rid his victim of forensic evidence'. Tolley then walked the distressed girl to the bus stop, tried to kiss her again, and repeatedly urged her not to tell anyone about what had happened. Despite his efforts, the girl reported the attack later that day.
The court was shocked when two positive character references were read out, describing Tolley as 'honest and hard-working', prompting audible gasps from the public gallery. Judge Bond remarked on Tolley's previously clean record but emphasised that good character carries less weight in rape cases, noting, 'When it comes to the offence of rape good character does not count as much as it would for other offences. As I have already stated these are serious offences and it crosses all areas of society.' The judge also described the sharing of a bed as 'absolutely inappropriate' given the significant age disparity and referred to the victim as a 'girl' rather than a woman, underscoring her vulnerabilities which Tolley was fully aware of.
Tolley admitted to the rape charge. His barrister noted that since the offence, Tolley had suffered from sepsis leading to a leg amputation, which would make his custodial sentence more challenging. The victim was portrayed as someone 'prone to being vulnerable and easily taken advantage of', and the court stressed the predatory nature of Tolley's actions in grooming and exploiting her.
This case was reported by Birmingham Live on 22 October 2023, based on proceedings at Birmingham Crown Court. West Midlands Police were involved in the investigation.