An Oxfordshire waste worker's sexual assault sentence was termed 'lucky' by a judge as he handed the criminal a suspended sentence.
Robert Pollard, of Lancut Road, Witney, was sentenced to two years and nine months in jail, suspended for two years, at Oxford Crown Court yesterday (Friday, July 17).
The 34-year-old had been found guilty on one count of sexually assaulting a woman in Witney on November 21, 2021.
In his summary, Judge Michael Roques not only said that Pollard has a “very unhealthy” attitude towards women, but that he was “fortunate” to avoid prison.
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If the case had occurred six months before, he explained, he would not have been able to suspend the sentence, and Pollard would have gone to jail.
He added: “It is perhaps incredibly fortunate for you that she [the victim] does not remember exactly what happened."
If penetration had been proved, Pollard would have been given a far stronger, longer sentence.
At the trial, it was heard that the events leading up to the incident started at the complainant's sister's birthday party at the Three Horseshoes in Long Hanborough.
Pollard was at the pub.
The jury heard that at around 11.45pm on November 20, the complainant's neighbour was contacted to take her home as she was drunk.
Pollard then let himself into the home and sexually assaulted her, including placing his hand over her vagina.
He had put the chain on the door of the home and it was only through extreme force that the victim was able to break the chain and escape.
The jury found him guilty by a majority of 10 to two.
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At the sentencing the prosecution presented a number of aggravating factors in the case to convince the judge a harsh sentence should be imposed.
These include the location of the offence at the woman’s home, the attempt to lock the door of the home to stop her from leaving, that he was under the influence of alcohol and his previous sentences including for violence against a woman.
The judge agreed with each one and referenced Pollard’s conviction for battery against a female neighbour in 2009.
On the other hand, the defence cited a number of mitigating factors including that he had not been convicted for sexual matters previously and that he had been suffering with his mental health.
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In addition, they mentioned that he had not offended since this crime in 2021 and that that his family, including his four children, rely on him financially and the earnings from his job in waste management.
As well as the suspended jail sentence, a nine month electronically monitored curfew was ordered, with him being allowed out between 7am and 5pm each day.
He is not allowed to drink any alcohol for the next 120 days, he was handed a number of community resolution days and ordered to pay costs of £500.
A restraining order for 10 years was also issued.
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