A MAN accused of forcing his way into a woman’s bedroom was cleared after a judge ruled there was not enough evidence to conclude he intended to sexually assault her.
Paul Bexley, 46, was alleged to have broken into the woman’s Shoebury home in the early hours of August 6 last year.
He burst into the bedroom while the terrified woman’s young child was asleep in her bed.
Mr Bexley, who has a previous conviction for indecent assault, was said to be breathing heavily and appeared stunned when the woman recognised him and called his name.
As she tried to escape, she saw Mr Bexley putting on a balaclava.
He was later saved by police officers who found him hanging from a loft hatch at his partner’s home, in Aylesbeare, Shoebury. He had written a suicide note.
At Basildon Crown Court, Judge Christopher Mitchell ruled even though Mr Bexley had clearly trespassed on the complainant’s property and caused criminal damage, he had been charged with the unusual offence of trespass with intent to commit a sexual offence and there was not enough evidence Mr Bexley planned to sexually assault her.
After directing the jury to formally acquit Mr Bexley, he told them: “Now this is an unusual charge. It is not a charge one comes across every day and the facts in this case are somewhat unusual too.
“He was charged with being a trespasser and he intended, the prosecution say, to sexually assault the woman. However, you have heard when he came into the room he did not as much as touch her in any way.”
The judge added: “So the inferences to be drawn from his behaviour in that house are equivocal and anyone drawing the conclusion that he intended to sexually assault her, I have ruled, looking at the totality of the evidence, was one of a number of conclusions that one could draw.”
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article