Man sentenced for stalking and harassing a 14-year-old girl
By Heather Nicholls
2nd Nov 2023 | Local News
A man has been excluded from Hampton to Fulwell, Isleworth and Twickenham Stadium for stalking involving serious alarm and distress, and the sexual communication with a child.
David Sibley, 63, of Sutton, was given a two-year suspended sentence of 21 months at Kingston Crown Court for the stalking and harassment of a then 14-year-old girl from 23 November 2021 to 16 December 2021
Judge Bryant-Heron KC said: "Young girls are entitled to walk the streets without feeling in danger."
Sibley received a restraining order of two years from the girl, prohibiting him to contact her directly or indirectly.
He has also been excluded for two years from designated areas of Hampton, Fulwell, Isleworth and Twickenham Stadium.
The judge added both the restraining order, and the area exclusion was to "try to ensure [the girl] will feel safe on her daily trip to school."
The court, sitting 31 October, heard how the girl travelled every day from Hampton to Fulwell via train to get to school.
Sibley, then 61, worked at a car garage, H & L Motors, and waited for her to get off the train and loiter in an area she passed.
The court heard evidence that Sibley would occasionally "smile and wink" as the girl rushed past to get the bus.
In his concluding remarks, the judge said Sibley "ignored her attempts to speed past" and his "attention was not welcome but [he] continued to harass her".
The prosecution noted the time of day (7:25am) and the time of year, highlighting the darkness exacerbating the girl's vulnerability as she walked to school alone.
When Sibley asked for the girl's name, she gave a fake one.
The girl recorded videos on her phone of Sibley persisting to talk to her, saying he sees her every day and wanted to get to know her.
Filming him on 24 November, the girl's video captures Sibley walking alongside her saying: "It would be nice to have a little chat."
Other times during the three weeks Sibley said, "I'm not a nutter", "I'm not saying anything perverted" or "I'm not a sex pest".
The girl said in her impact statement: "When I looked back on the videos, I saw something wrong and inappropriate." She added that she tried to work out what he wanted and made him so "insistent to talk to [her]".
Sibley's actions made the girl feel "endangered" and she confessed to having nightmares.
The court heard how Sibley would round off the conversations with: "Have a lovely weekend- see you Monday" or "see you tomorrow".
The girl said her last thought at night and first thought in the morning was anxiety and dread surrounding her journey to school and seeing Sibley.
On one occasion, Sibley reportedly said: "If you heard someone shout at you 'nice legs' you should apologise. You do have nice legs." This comment was regarded as sexual communication with a child.
The girl said this comment left her feeling "physically and mentally uncomfortable."
Judge Bryant-Heron KC said: "All victims from sexual communication will suffer psychological harm."
She said she was "frightened at what might come next," which eventually led her to "break down" to her parents and inform them of Sibley's behaviour.
By 16 December, the court heard, the girl "dreaded" her journey to school, and her father told her to change routes.
Speaking from the witness stand, the girl said: "I wanted this to stop- [and for him] not to be able to do this to other young girls."
The court heard evidence from the girl that even after the arrest she is more cautious in everyday life and "more...wary of what other people are capable of."
She said after the police arrested Sibley, she was worried he would seek revenge, adding she had several nightmares in the two years since the events.
In his concluding remarks, the judge said Sibley's leading offence was stalking and harassment, with the fairly limited but sexual nature of the comment is an "aggravated offence" which "cannot be viewed in isolation".
A sexual prevention order was made to prohibit Sibley from having or attempting to have any personal or physical contact with females under the age of 18* for the next 10 years. He is also barred from working with children.
Sibley is obliged to check-in with police on his compliance to court order for the protection of the wider public and young girls under 18.
Sibley pleaded guilty to both counts on 21 August 2023, the date the trial was due to start.
The defence argued Sibley is a "happily married man" of 33 years and has "never done anything like this before or since", adding the behaviour is "out of character".
It was noted in a clinical psychology report Sibley had a low IQ of 73, as well as having issues with verbal comprehension and understanding.
Both Sibley and his wife attended specialist educational schools; the judge acknowledged Sibley is the primary carer for his wife who would not be able to cope on her own.
The judge accepted the defence's argument that Sibley was a "low risk of reoffending", sentencing him to 30 days of rehabilitation courses to address problems and prevent him offending in future.
Reflecting the gravity of the crime, the judge added 120 hours of unpaid community work to be carried out over 18 months.
The judge said the suspended sentence will be "hanging over [Sibley] for two years", and if he commits another offence he will have to serve both sentences.
*Written consent of parent and/or guardian needed with full acknowledgement of court order to allow association with females under 18.
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