A teenager has been sentenced for raping a six-year-old girl after distracting her with a mobile game. Harvey Charlton, now 18, was 16 when he attacked the child, who has been left traumatized and struggling with daily life.
Details of the Offence
Charlton, from Garretts Green Road, Sheldon, was found guilty of rape. He also admitted to sexually assaulting a child under 13 and engaging in sexual activity in the presence of a child. The incident was captured on CCTV, which the victim's mother described as the most difficult thing she has ever watched.
Impact on the Victim
The girl's mother said her daughter's personality has changed dramatically. Once outgoing and independent, she now speaks in a baby-like manner, has difficulty at bedtime, and has lost her spark. The mother expressed that Charlton has not taken ownership of his actions, while the victim has been accused of exaggerating.
Court Sentencing
At Birmingham Crown Court, Judge Andrew Smith KC sentenced Charlton to a hospital order. The court heard that Charlton has a learning disability, with an IQ of 52, similar to a child aged nine to 12. He has been treated at Brooklands Hospital and recently transferred from a medium to low secure unit.
Judge's Remarks
Judge Smith noted that CCTV showed Charlton making careful choices, persistently trying to cajole and distract the girl. He said the use of a mobile device to encourage her to play a game while offending was clearly for sexual gratification. The judge stated that Charlton's mental illness substantially reduced his ability to exercise appropriate judgment but did not justify the offending.
Risk Assessment
Three psychiatrists concluded that Charlton has a learning or intellectual disability, with one describing it as 'mental retardation'. They believed a previous diagnosis of autistic spectrum disorder was inaccurate. Judge Smith determined that Charlton poses an ongoing high level of risk, resulting in a restriction order requiring approval from the Secretary of State for Justice for his release from hospital.
