Back in August 2015 we covered the case of Christina Sethi, an Exeter caseworker who was sent to prison for 10 years for three Counts of Sexual Assault and two of Assault by Penetration.
The offending was horrible – we know that one of the assault by penetration was using a vibrator on one elderly lady (penetrating her anus), and “fondling the genitalia and breast of another“. The victim in that case was 101.
Ms Sethi stroked the penis of a third man as she washed him. All three victims tried to complain about the treatment and, “Despite their vulnerabilities, all three were aware something untoward was happening to them.”
The case was governed by the Sentencing Guidelines.
We said that “looking at the tables on pages 14-15, it is clearly a Culpability A offence (significant degree of planning, abuse of trust and recording).
What about the Harm? This is harder to work out, without having fuller details of the offending. It’s almost certainly a Category 2 due to the breach of trust and the filming (although you have to be careful not to ‘double count’ the vulnerability of the victims).
On what is reported in the news, there would not appear (just) to be sufficient to say that this is a Category 1 offences, so we would suggest that it is a 2A offence, with a starting point of 8 years and a range of 5 to 13 years.”
We did point out that it was at the top, if not above, that range, so the sentence of 10 years, after allowing for credit for the plea of guilty, was fair enough.
Court of Appeal
We don’t have the judgment, but the Court said “15 years was the absolute minimum Sethi should have been given for such serious offences.“.
In light of that, this would seem to indicate a starting point of over 20 years. This is above the top value given for a Category 1A offence.
They are obviously in possession of all the facts, so we will wait for the Court of Appeal judgment before having a look at it further.