A man who clambered on top of a sleeping woman friend and sexually assaulted her was jailed for four years on Monday 21, 2022.
James Stark, now 25 and from Bedford, subjected the victim what the prosecutor said was “every woman’s worst nightmare.”
Luton Crown Court heard the 21-year-old had been out drinking with Stark, who was out celebrating his birthday.
He joined her in a taxi back to her parents’ home where they watched TV, chatted and drank. She eventually decided to go upstairs to bed, leaving Stark downstairs on the sofa.
WORST NIGHTMARE
Prosecutor Marion Smullen said: “She woke up scared, in the middle of the night, to find him on top of her. It is every woman’s worst nightmare.”
Giving evidence at a trial in December, the woman said she was able to turn over and the defendant got off the bed and briefly left the room.
She said she noticed her knickers had been removed and were beside her on the bed.
She went on: “He came in and he was like ‘Are you alright?’ I didn’t say anything and started crying, like weeping and I said ‘Why did you do that?’ I was just in shock.”
She said: “I kept saying just go, get the f… out.”
When he left she went to her parents’ bedroom and told her mother what had happened.
Stark had left behind his trousers, his hat, his mobile phone and passport at the victim’s house. He was arrested later that morning at his home.
ASSAULT BY PENETRATION
Stark from West Rope Way, Brickhill, Bedford was found not guilty by a jury in December of raping the woman, but found guilty of an alternative charge of assault by penetration. He had no previous convictions.
The offence happened on August 10, 2017 and had taken more than four years to reach the crown court.
In a victim personal statement the woman said the offence had “turned her life upside down.”
She suffered panic attacks and nightmares and for months could not lose the feeling that he was still there on top of her.
Defending, Richard Reynolds said Stark was not well as the time and was suffering from depression and anxiety. He said: “He has a lack of previous convictions. He was a young, immature profoundly stupid man who did something more harmful than he could have appreciated.”
Judge Gary Lucie told Stark, who was crying, his victim has suffered ongoing psychological episodes and had tried to take her life on 3 separate occasions
He said: “She was supposed to be a friend. You took advantage of her took when she was in her bed in her own houe where she should have felt safe.”
The judge paid tribute to victim’s bravery and resilience in having to wait for so long for the case to come to court. He said: “The matter did not come before the magistrates’ court until 27 August 2020, just over 3 years after the offence. This is an unexplained and unjustifiable delay in prosecuting the case.”
As a result of the delay, and based on a Court of Appeal ruling on delayed cases, he reduced the sentence he would have passed from five and a half years to four. Stark must register as a sex offender for life.
BRAVERY SHOWN BY VICTIM
DC Brendan Street, who led the investigation, said: “I would like to commend the victim for her bravery in coming forward. She was amazing throughout the trial and continued to support the investigation despite a number of trial delays.
“I would also like to praise her family who attended every day of trial and sentencing. Stark’s actions have not only had a significant impact on the victim, but also had a negative impact on her family.
“Stark subjected his victim to a horrible ordeal; no woman should ever be made to feel unsafe. Our message to offenders is clear: no will always mean no.
“We have a number of highly trained officers and support services working with the victim and her family.
“We understand this can be difficult to talk about, but we have a number of highly experienced and trained officers and support services here to help. If you are ready to talk, we are here to listen, help, and support you.”
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