Order on patient after sex assault at Calderstones (From Lancashire Telegraph)

Order on patient after sex assault at Calderstones

9:07am Monday 11th March 2013 in News By David Barnes, Court reporter

A PATIENT who carried out a sex assault on a female member of staff at Calderstones Hospital, in Whalley, has been made the subject of a restriction order.

David Yates was given a hospital order, under the Mental Health Act, plus the restriction order, for the protection of the public, a judge said.

Preston Crown Court heard how he molested a woman working there after locking a bathroom door as she washed her hands.

The 51-year-old pleaded guilty to a charge of sexual assault following the offence last July.

Jeremy Grout-Smith, prosecuting, said the woman had just used a communal toilet and had gone to wash her hands when Yates walked in uninvited.

He locked the door behind him and then put his hands up as she tried to walk towards the door.

Yates tried to go to her neck with his hands. She thought it looked as if he was trying to strangle her.

She was using one arm to restrain him against the wall and the other to try to reach for her alarm.

During this, he used a free arm to grab at her breasts. The woman was constantly trying to get him off her. When he made another grab towards her, she batted his hand away and managed to press her alarm. Minutes later a cleaner went to her assistance.

In a personal statement, the woman spoke of having been very anxious and having nightmares as a result of what happened.

Laura Barbour, defending, acknowledged it must have been a very frightening experience for the woman.

“It would have had a real effect upon her,” she said. She reminded the court it had a discretion whether to make a restriction order. Such an order should only be made if deemed necessary, she added.

Judge Anthony Russell QC told Yates as he passed sentence: “I am quite satisfied on the written evidence of two doctors that you are suffering from mental disorder and it is such a nature or degree to make it appropriate for you to be detained in hospital for medical treatment.

“I am satisfied this is a case where I should make a restriction order.

“I consider it necessary for the protection of the public from serious harm from you.”