An estate agent who filmed his pal drunkenly slapping a sleeping woman in the face with his PENIS before showing the footage to his work mates has been spared jail.
Sam Hobley used a mobile phone to capture the moment John Luke Dale, 21, took advantage of the victim after she fell asleep at a house party in Nottingham last year.
The 21-year-old filmed the Nottingham Trent University student as he stripped to his boxers and shoved his manhood in her face – hitting her across her cheek.
A court heard Hobley also sexually assaulted the woman by touching her vagina when she was naked in bed in October last year.
But the crime did not come to light until he showed the video to colleagues at Superdrug where he was working at the time – which led to his bosses calling police.
The shocked victim, who cannot be identified and didn’t know either man, only found about the footage when officers visited her on January 21 this year.
She now suffers from Social Anxiety Disorder, post-traumatic stress, major depression and has been suicidal as a result of the video which made her feel “sick and violated.”
On Thursday Hobley, of Milton Keynes. Bucks., admitted a charge of sexual assault at Nottingham Crown Court.
The quivering defendant had to be helped into the dock and said “I’m too scared” before being passed a bin by the usher when it appeared he was going to be sick.
Judge Joan Butler QC took pity on the weeping estate agent and spared him jail instead sentencing him to nine months in prison, suspended for two years.
He was also ordered to sign on the Sex Offenders’ Register for 10 years.
Prosecutor Justin Widoger told the court Hobley destroyed the mobile phone footage a few weeks after the incident.
He said the video showed the victim asleep while the two men abused her.
Mr Widoger added: “Dale placed his penis on her head and the defendant touched her on the vagina.
“She was naked. He [Hobley] touched her with his hand.”
The court heard the two men – who had been out drinking – ran from the room when the victim started to wake up.
Clinical psychologist Dr Jennifer Wild told the court Hobley – who suffers from an anxiety disorder – feared rejection by his peers and was trying to fit in.
The judge said she was concerned about his mental health but she was not convinced that his disorder had played a part in the offence.
Stuart Jessop, defending said Hobley and Dale had slightly different roles but accepted it was a joint enterprise.
He added: “In interview he [Hobley] said it was Mr Dale’s idea and he followed him, but Mr Dale said it was Mr Hobley and he left him to it.”
* Dale, of Milton Keynes, admitted sexual assault and was jailed for nine months at Nottingham Crown Court in September this year.
The Criminology undergraduate tried to appeal the sentence last month at the Court of Appeal, but three top judges rejected his case.
The jail sentence and appeal decision has left Dale’s hopes of a career in law in tatters.
Refusing the appeal, Judge Alistair McCreath said the offence had caused the woman “obvious and significant distress”.
He added: “One can see in stark form the distress caused to the victim of this offence and the continuing nature of it.
“The sentence which the judge imposed cannot possibly be wrong in principle.
“She struck a balance between the mitigating and aggravating factors and exercised her judgement in a manner which was open to her.”
