Durham man avoids jail for sexual contact with teen

Durham Court Sentences Patrick Doherty for Breaching Sexual Harm Prevention Order

Durham Crown Court heard that Patrick Doherty, 31, was prohibited from communicating with girls under 16 due to a Sexual Harm Prevention Order (SHPO). This order was established after a conviction that resulted in a 12-month jail sentence in November 2015. He is also on the sex offenders’ register.

Kathryn Wetherley, the prosecutor, informed the court that a father reported his teenage daughter was communicating online with a man. Doherty was arrested days later. When asked for his phone, he claimed it was damaged and disposed of, preventing police from downloading data.

Doherty stated he believed the girl was 16. Wetherley noted that he admitted to exchanging photos with her and meeting in a vehicle. However, he declined to comment on any sexual contact. He later realized she was 15 after seeing birthday messages for her 16th birthday.

Wetherley mentioned that messages downloaded from the girl’s phone indicated sexual contact occurred days before her 16th birthday. They discussed past sexual encounters, but some messages were deleted.

Police continued to download messages and applied to Durham Crown Court to modify the SHPO concerning Doherty’s online activities. The defendant, from Browney, near Durham, was invited for another police interview but declined.

Doherty was charged with breaching his SHPO, which he admitted. The court learned he had 13 prior convictions for 16 offences, including failing to comply with an interim notification requirement and five breaches of an interim SHPO in November 2015, for which he was jailed.

Shada Mellor, in mitigation, stated there was a “significant period” when Doherty complied with the 2015 SHPO. She explained that he met the girl shortly before her 16th birthday and only learned of her age days before.

Mellor noted that Doherty had a fractured spine, which left him in “considerable pain.” He also struggles with mental health issues, including “stress, anxiety, and depression,” and is awaiting a treatment assessment in the next six months. She mentioned he works as a farm hand and cares for a relative.

Recorder Geraldine Kelly told Doherty that there had been sexual contact before the girl turned 16. She noted he was aware she was 15 but continued to communicate with her, discussing sexual contact and advising her to delete messages. She remarked that it was “by chance” he claimed his phone was damaged.

However, the Recorder acknowledged it was to Doherty’s “advantage” that the girl’s parents did not support the police inquiry. She 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 and attend ten rehabilitation activity days. He will also be subject to a six-month mental health treatment requirement. Recorder Kelly warned him that any breaches of the sentence terms would activate the suspended prison term.

Summary of Court Details