Women jailed for sex attack on footballer

Women jailed for sex attack on footballer

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Photo from the Telegraph

Introduction

We sometimes get asked to look at cases that are in the news, and our attention was drawn to the case of Brogan Gillard and her two friends on 27th January 2017.

She was jailed for 31 months whilst her friend Paige Cunningham received 10 months for the ‘ritualised humiliation’ of the unnamed footballer. Sentence for a third friend, Shannon Jones, was adjourned.

We were asked to look at it in light of a particular thing that the Judge said in his sentencing remarks, namely that “he sentenced as if it had been three men on a female“, the question being raised whether that was actually the case.

 

Facts 

Ms Gillard (aged 26) was on a night out with her friends when they met the victim. He was taken back her house where he was ‘plied with vodka until he passed out‘.

He was stripped and the subsequent attack was filmed by them (and posted on snapchat). For reasons that aren’t clear, they “vegetables over his naked body, and dancing around while molesting him”, with at least one of them being photographed holding his penis.

Ms Gillard also cut his hair and was videoed “waved a pair of scissors and asked the others, ‘Put in his bum?’ before parting his bottom cheeks“. 

All three pleaded guilty to sexual assault (charges of ABH and assault by penetration were not proceeded with).

The victim was found at 5.30am by his mother “wearing a pair of shredded trousers and with clumps of his hair missing. Dazed and confused, he shouted: ‘Get them off me, there’s something up my bum, I want to go home’“.

It is not clear at what stage the guilty pleas were entered, but given the incident occurred in November 2015, it is likely that it was not at the first stage.

 

Sentence

The matter is complicated by the fact that the news reports state that Ms Gillard pleaded guilty to an ‘unrelated child cruelty matter’. We don’t know what part of the 31 month sentence was related to that.

But we can start with the Sentencing Guidelines – turn up page 17  – it would appear to be a Category 2A offence on the basis of the touching and the use of alcohol, by a group, that was recorded.

The starting point here is 2 years, with a range of 1-4 years. This is before credit for a plea of guilty. Given the nature of the offending, we would expect the sentence to be towards the top of that bracket – maybe 3½ years.

Depending, therefore, on what part of the 31 months for Ms Gillard was for the Child Cruelty (and the level of credit), this would appear to be in line with what we would expect.

Clearly the sentence for Ms Cunningham was significantly shorter. Again, depending on the level of credit, this is at the bottom of what we would expect, but very much towards the lower end.

However, it seems that Ms Gillard was very much the prime mover in the offence, and she was the one who actually held the victim’s penis.

Coming at it as a theoretical exercise, we would have expected slightly more for Ms Cunningham, but there are clearly plenty of different factors that need to be taken into account and we would imagine that there are things that the Judge knew about her that we did not.

So, did they get special treatment for being women? The Judge specifically stated not, and on the face of it that would appear to be correct.

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10 COMMENTS

  1. As one of A P Herbert’s fictitious judges says: Gosh, and Gosh again. The verb missing before “vegetables” appears to be “sliced”.

    31 months troubles me. In the early days of the Rehabilitation of Offenders Act the Court of Appeal rebuked a judge who gave 31 months to make sure the offences would never be spent, and reduced it to 30 months. I hope the same has not happened here.

    • Read this somewhat AGOG seems the sisters are starting to emulate men. I suppose I should now say things like maybe they should have got consent forms signed, how were they know he was too drunk to consent etc etc or drag his name through the mud as an attention seeking money grabber – you know the sort of treatment female rape victims routinely receive. However I’m anti-rape and very disappointed and saddened that anyone was treated like this by his fellow human beings. I hope he recovers without any long lasting mental or physical scars.

      • Responding to “seems the sisters are starting to emulate men”. Admittedly rape is usually committed by men, even overwhelmingly so. But in case you failed to notice, most men are not rapists — so perhaps you could take your sexist comments elsewhere?

    • The changes to ROA in 2014 increased it from 31 months to 4 years. So she’s “safe” at 31 months. This now equates to sentence + 7 years from the date of sentence completion for the length of rehab required.

  2. Thank you Captain: I stand corrected.

    L-E-S: with the exception of the most basic form of rape every sort of crime is equal-opps – even if many fewer of your gender commit most of them; or perhaps you are better at getting away with it, now there’s an uncomfortable thought.

    In fact there is another sort of crime which is not equal-opps. I once chaired a magistrates’ court where a defendant pleaded guilty to careless driving and driving while not in proper control of the vehicle, and it could only be a woman driver.

    And I stand by that somewhat provocative remark; because when she drove into the van ahead she was breast-feeding!

    And I now where she was going. To the outer limits of stupid!

    • I agree there is no excuse for “stupid” and it was a gender specific crime – breast feeding at the wheel. I presume she crashed and or collided hence why she was in court.

      Regarding your point about rape I struggle to understand where the thrill is in sexually assaulting anyone however life experience has shown me that men don’t count a lot of what they do as rape e.g. if she doesn’t: fight, scream or isn’t punched or held at knife point etc it’s not ‘really’ rape in their eyes they start to talk about grey areas, as if coercion, sulking and or being mean to the kids if they don’t get sex from their wife/partner (a real example) this is about where I look at men and wonder where they came from.

  3. No wonder that muslims are winning and uk is a ghetto trash wr waging soon to be destroyed country of horrors somehow police does it to the victims leagally caging undressing holding hostage and molesting and and create conspiracy theories agaiinst the victim this girl should not be jailed eventually for pretendind to be cop or perverting the courts of justice couse this is what the police does and she saves the dickhead idiot which carrier is running after a ball idiotic indeed

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