A SEX offender who twice performed sexual acts upon himself in the presence of children has been spared jail on his birthday.
David Power walked free at Worcester Crown Court on Wednesday despite twice engaging in a sex act in front of young girls in Hereford, in one instance following them and leaving them 'panicked' enough to ring the police.
The 32-year-old of Pulley Avenue, Eaton Bishop, had already admitted exposure and sexual activity in the presence of a child on August 2, 2018 and exposure on January 4 this year - that offence committed while on bail for the first matters - when he appeared for sentence.
Judge James Burbidge QC made a sexual harm prevention order banning Power from Bishops Meadow and King George V Playing Fields in Hereford for seven years, telling the defendant he would remember the terms of the order as they were imposed on his birthday.
The judge summarised the case, saying that three girls aged 13 had been paddling in the River Wye before Power came out of bushes and began to perform the sexual act upon himself. He walked away from them but returned, carrying on for about two minutes.
Judge Burbidge said: "They understandably feared you."
He added: "You followed them - the Crown say stalked them - and they panicked."
Power was arrested but denied the offence at the police station. Judge Burbidge told him: "You lied to the police. You lied to the court."
However, he admitted the offences in April, just when the case was about to be listed for trial.
Power committed a 'similar offence' at King George V Playing Fields next to Bishops Meadow on January 4 in the presence of two 13-year-olds, later claiming he had spilled something on his trousers. At the time the defendant had his boxer shorts in his pocket.
Judge Burbidge said: "These are very disturbing matters for young girls, young children. It's difficult to contemplate, as a right-thinking member of society, why you would do this."
Power was supported at court by his partner in the public gallery. Jason Aris, defending, said: "She doesn't condone what he did but supports him nonetheless."
Mr Aris explained that Power had suffered life-changing injuries in a car accident which meant he had been unable to work in the building trade and that this had left him with 'considerable depression'.
The barrister said this had also exacerbated the defendant's ongoing difficulties with alcohol. He went on to urge the judge to follow the recommendation, made by the probation service, for a community-based penalty.
He told the judge: "This defendant has not served a custodial sentence to date. It would undoubtedly be a very difficult experience for him."
Judge Burbidge imposed a three year community order to include the Horizon programme designed to rehabilitate sex offenders. Power must complete 20 rehabilitation sessions to address his use of alcohol and victim empathy. Further to this, the judge placed him on two month electronically monitored curfew which means he must be indoors between 9pm and 6am daily.
Judge Burbidge said such an order would be 'more onerous for you and more likely to protect the public' than a suspended sentence order.
He added: "Sometimes the public do not understand that the guidelines indicate a judge must consider an alternative to custody, even in sexual cases. There are specific courses to deal with sexual offending of this nature."
The judge had earlier said that the guidelines for sexual activity in the presence of a child indicated a starting point of two years in custody because of the disparity in age and the harm involved.
Power must make a contribution towards the prosecution costs of £300. A victim surcharge, calculated administratively, also applies.
Power must sign the sex offender register for five years and may be subject, as a result, to barring from certain jobs which may bring him into contact with children.
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