Convicted sex offender allowed to walk free

A mother has told how her family's lives are in ruins after a convicted sex offender was allowed to walk free from court.

David Stothers, 36, of Rochdale, was given a three year community order for a sex assault in which he ordered the woman's six-year-old daughter to indecently touch him while he tried to take a photo on his mobile phone.

The incident, which occurred in a churchyard in the summer of 2007, only came to light a year later when the girl told her mother.

Her story was corroborated by a friend who had been sent away by Stothers while the assault took place.

Bolton Crown Court heard Stothers warned both children they would "get hurt" or he would "kill them" if anybody else found out about it.

Stothers pleaded guilty to a charge of indecent assault, which can carry a maximum sentence of up to 10 years in prison.

But instead he must sign the sex offenders register for five years, must not own a camera or camera phone, not actively engage with children under 16 and not to go within 200 metres of the child's address.

The girl's mum wept as she said: "I am absolutely gutted by this decision, which will mean he will be allowed to roam the streets of Rochdale while our lives have been ruined.

"I always brought my daughter up to tell the truth and told her people who do bad things would always be punished. So how do I tell her he has got away with this?

"She has been deeply disturbed and tried self harming by biting herself and cutting herself with scissors. He has taken away her innocence.

"The criminal justice system is pathetic. I have had to do all the chasing to even find out what was going on and when he would be brought to justice. I want him named and shamed so parents in Rochdale are aware of him and he can't do this to any other child or family.'

Geoff Whelan, prosecuting, said Stothers, who already had convictions, including one for assaulting a policeman, ordered the child to indecently touch him while he took the photo, but the camera failed to operate.

Nicholas Clarke, defending, said: "Stothers has accepted he committed this offence and he has a drinking problem, consuming up to six litres of cider and vodka every day.

"Your honour could send him to prison for up to 12 months, but that would not help with his problem."

Sentencing, Judge Elliot Knopf said: "I want you to understand the order is not a let off and the offence was very serious indeed."

But Mark Wallace, campaign director of the TaxPayer's Alliance told the Daily Express: "This case raises the question of exactly what do you to do to get jailed under our ludicrous criminal justice system?

"If the courts are going to pay to monitor him why not pay to lock him up and keep our children safe?"