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Derry court hears: vulnerable woman 'didn't have capacity to consent’

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By Ursula Duddy

A 64-year-old former Derry Health Service worker has been placed on two years’ probation and given a five-year Sexual Offences Prevention Order for sexual acts with a vulnerable woman who ‘didn’t have the capacity to consent’.

Lawrence Boyle of Ben Varden Avenue appeared before Derry Magistrates Court charged with two counts of sex acts with a vulnerable person. The offences took place between January 1 and October 23, 2016.

Boyle intentionally and sexually touched the woman who was unable to unable or unlikely to be able to refuse given her mental disorder.

The court heard that a member of staff at a café in William Street called police and said that Boyle was with a woman who was known to be vulnerable and was ‘grinding on her in a sexual manner’.

The member of staff said she had witnessed him carry out the same kind of behaviour on another occasion with the same woman.

Boyle was said to have been sitting by a machine making suggestive looks to the woman with his eyes, blowing her kisses and beckoning her over.

When the woman went to him, he began stroking her breast and put his hand on her back and bottom.

On another occasion in the same café, Boyle was observed making gestures to his genitals, touching himself and gesturing her to come to him. When he went into the hallway to smoke with the woman, he pulled down her top and engaged in sexual activity.

A representative in court said that the woman ‘didn’t have the capacity to be able to consent beyond kissing and holding hands’.

Nicola Coulter, defence solicitor, said that this was a ‘very serious matter’. She said that Boyle had said he was suffering from ‘severe loneliness’ but appreciated that what he had some was ‘unforgivable’.

Ms Coulter said that Boyle worked in the Health Service for 36 years with an ‘unblemished record’ but realised that this was now ‘tarnished due to his subsequent conduct’. She added that since his behaviour had come to light, Boyle had a mental breakdown and suicidal thoughts and anxiety.

She added that he is now ‘even more isolated’ as family members he was once close with now shun him.

Remorse

Ms Coulter said: “He wishes to apologise and express his very genuine remorse to the injured party and her family.”

She added that he had pleaded guilty from an early point and that he was ‘deeply fearful of the outcome’ at court.

District Judge Barney McElholm asked if there had been a victim impact report but Ms Coulter explained that she ‘didn’t have any capacity to have a role in proceedings’.

Judge McElholm placed Boyle on probation for two years to actively participate in a programme to reduce the risk of this behaviour and to attend any suitable programme suggested by the Probation Board of Northern Ireland.

Boyle is also subject to a Sexual Offences Prevention Order that states that he must not enter into any relationship without first revealing his conviction for these offences or without the approval of his designated risk manager. He must also not stay anywhere overnight without approval from his risk manager and he must have no contact whatsoever with the injured party.

If you have a story or want to send a photo or video to us please contact the Derry Now editorial team on 028 7129 6600 for Derry City stories Or 028 7774 3970 for County Derry stories. Or you can email editor@derrynews.net at any time.


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