The judge told him: “The effect that your offending has had has been very significant.”
A predatory sex offender who intimately touched a young girl – causing serious psychological harm to her – later tried to talk his way out of trouble because he did not want to be “labelled as a paedophile”. David Austin claimed to be “very shocked” when he was arrested by the police and he told a court: “I can’t understand why I am standing here now.”
He claimed that he merely “tickled” the girl in a bid to cheer her up, Hull Crown Court heard. Austin, 58, denied four offences of sexual assault against a girl on July 13, 2023, in the Market Weighton area, but he was convicted by a jury after a trial.
Benjamin Donnell, prosecuting, said that Austin intimately touched the girl and that there was no possibility of it being an accident. Austin claimed, however, that he merely tickled her and did not sexually touch her.
Mr Donnell asked him: “Are you saying that she has lied to this jury and this court about you groping her?” Austin replied: “Yes.” Mr Donnell asked: “Why would she lie?”
Austin replied: “I don’t know. I can’t understand why I am standing here now. I don’t know what else to put it down to.”
Mr Donnell told him: “The reason she has made these allegations is because they are true. The only person lying in this courtroom is you. Do you have a sexual interest in children? Is that why you did this?”
Austin replied: “Negative.” Mr Donnell told him: “You do not want to be labelled as a paedophile.” Austin replied: “No. Negative.”
Mr Donnell said: “You are lying to this jury about what happened that evening. The only reason that you are lying to this jury is that you don’t want to get into trouble for something for which you would be labelled a paedophile.”
Austin replied: “No, negative.” He claimed that he had always pleaded guilty when he had committed non-sexual offences in the past. He claimed that he tickled the girl to try to cheer her up.
He was arrested at 12.30am that same night after a complaint was made to the police, the court heard. Austin claimed that he was “shocked to be accused of something”.
The girl’s mother told the court in a statement that, before the incident, her daughter had been a “bright, curious girl” but this all changed after the sexual assault. “She told me that she wanted to die,” said the mother.
The victim had been an “innocent young girl” but this all changed. She now suffered nightmares.
Rachel Scott, mitigating, said that Austin denied the offences and was likely to continue to do so. He was hardworking and would lose his job of 23 years. He led an isolated existence and was likely to lose his home. He had been out of trouble for a long time.
Judge Mark Bury said of Austin denying the offences: “He has rolled the dice and lost.” The girl had suffered serious psychological harm.
Judge Bury told Austin: “The effect that your offending has had has been very significant. Only a sentence of immediate custody can be justified for this offending.”
Austin, of Ascot Crescent, Stevenage, Hertfordshire, was jailed for two years. He was given a 10-year sexual harm prevention order and a 10-year restraining. He must register as a sex offender for 10 years.
Austin had been on bail during the trial but he was remanded in custody overnight after being convicted by the jury and was sentenced the next day.