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Balderton man, 57, gets community order for child sex offences because paedophile sting was 'deterrent enough'




A 57-year-old who tried to incite who he believed to be an underage boy into having sex has avoided a jail sentence.

The defence for William Marshall said the embarrassment of paedophile hunters turning up at his house was punishment enough, and pushed for a community order.

Marshall, of London Road, Balderton, started to chat with the 'boy' in July last year but, unbeknownst to him, it was actually a child decoy.

Nottingham Crown Court. (54906508)
Nottingham Crown Court. (54906508)

Marshall told the 'boy' his age, 56 at the time, and continued to speak with him despite the decoy stating he was only 14. He went on to ask the decoy for 'dick pics' and if they would block him should he send a 'nude' of himself.

Marshall also arranged a date and location to meet up.

The defendant was charged with attempting to engage in sexual communications with a child, and attempting to cause a child to engage in sexual activity — he pleaded guilty to both charges.

"I say 'attempting to' because we all know this is a situation where there was no real child, it was a decoy situation, and that decoy was working for an organisation often described as paedophile hunters," said Gareth Gimson, prosecuting.

Nottingham Crown Court. (19990528)
Nottingham Crown Court. (19990528)

"The communication came [started] from Mr Marshall and almost immediately, ages are referenced. Mr Marshall told the decoy he was 56 and the child answered back he was 14.

"Very quickly in the messages the word 'trust' is used and this pops up a number of occasions. Mr Marshall asks 'can I trust you?' and by message eight asks the decoy to send him a nude picture via text.

"Mr Marshall said it was probably better to send the pictures over text than Facebook as that social media site can sometimes have you barred."

Communications continued and so did Marshall's requests for nude pictures, but Marshall was the one to send a picture of his penis to the decoy.

He said 'sorry wrong picture', but then proceeded to ask 'do you like it?'

Andrew Wesley, mitigating, said Marshall was of good character, low intelligence, and was in some ways socially incompetent.

"He must have known the age but there are all sorts of difficulties with social cues and his knowledge of the law, and other matters that may provide mitigation," said Mr Wesley.

"The nature of the sting is such that there are problems in the community when he chooses to go out — he has been abused in the street as a result of the sharing of the Facebook footage where people turned up at his address.

"Your Honour is familiar with those consequences which are felt more keenly by Mr Marshall who no doubt has confidence issues anyway.

"With clear instructions and rules Mr Marshall will know exactly where he stands and risk of re-offending is low.

"The very act of the police and people turning up at his door has been a significant deterrent and the risk going forward is very much reduced."

His Honour Judge J Sampson, sentencing, said: "You were in fact communicating with an adult who was pretending to be a 14-year-old boy, but that doesn't make your case any less serious.

"After arrest you answered no comment to all questions, perhaps that was understandable given your level of intellectual functioning.

"This was not sophisticated offending and there is no evidence you sought to hide your identity or age, and nothing else was found on your computer.

"Now 57, you've a diagnosis of mild intellectual disability and a history of depression. You are, it is said, extremely vulnerable to harm from others.

"A representative of yours has said had you received guidance of what is legal and what is not, you would have not committed these offences. I hope her assessment is in fact correct."

His Honour Judge Sampson gave Marshall an 18-month community order with 25 rehabilitation activity requirement days.

He was made subject of the Sex Offenders' Register for five years and the judge said a Sexual Harm Prevention Order would be drafted.

Marshall has also had restrictions put on how he can use tech devices, such as not deleting any internet history and making devices available for inspection.

He must not contact any child by any means.



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