Scott Hennefer, a 33-year-old from Cradley Heath, has avoided an immediate prison sentence for the sexual assault of a child under 13, after a judge at Wolverhampton Crown Court described the offence as a 'one-off' and linked it to his poor mental health.
Judge's unusual decision
On Friday, June 26, Judge Laura Hobson handed Hennefer a three-year prison sentence, suspended for three years, taking what she called an 'unusual course of action for an offence as serious as this'. She said she was 'convinced' that the 'best way to protect the public' was for Hennefer to work with probation rather than lose his liberty.
During the sentencing, an individual in the public gallery was seen pointing at the defendant, prompting the judge to ask the court clerk to check for a police officer in the building. Judge Hobson told Hennefer: 'Because of what's happened in the public gallery, it's important that everything is calm and that person does not have any contact with you.' She then placed the courtroom in chambers, a private session closed to the public and press.
Details of the assault
The court heard that the victim disclosed the sexual assault to her mother in August 2024, leading to a police report. When asked why she had not told her mother sooner, the girl said she 'was scared'. In his police interview, Hennefer insisted the child 'had lied or fabricated' the incident, according to prosecutor Alexander Pritchard-Jones, who added: 'The defendant is a clear risk to children.'
Hennefer admitted one count of sexual assault of a child under 13. He was also made subject to a 10-year sexual harm prevention order and must remain on the sex offenders register for life.
Defence arguments
Olivia Appleby, defending, said Hennefer 'relies' on his family for 'general living support' and would not 'cope' in prison. His pre-sentence report indicated he would be 'vulnerable' in custody. Hennefer, who had previous good character, has mental health difficulties and had additional needs in school. Appleby noted he has a 'low risk of general reoffending' and has 'expressed a willingness' to work with probation, describing the offence as 'spontaneous'.
Judge's reasoning
Judge Hobson acknowledged that 'sexual activity with a child is rightly taken extremely seriously' and can have 'lifelong consequences for the victims'. She praised the victim as 'a very bright girl who did exactly the right thing' by reporting the abuse. The judge said she was unsure why Hennefer committed the crime, noting he said he was 'seeking some comfort while experiencing poor mental health' at the time. She pointed to his 'significant mental health problems' requiring hospitalisation and psychiatric nurse support, and his 'genuine remorse'. The judge accepted the offence was 'a completely one-off' and that his 'risk can be managed in the community' with probation support.
