A caregiver sexually assaulted a female resident at the mental health clinic where he worked.
Simon Gibbs, 41, of Swangrove Gardens, Tuffley, had pleaded guilty at Gloucester Crown Court to two counts of sexually touching the woman on at least three occasions between April 15 and May 16 2020.
Prosecutor Giles Nelson said Gibbs was a support worker at the Clinic in Podsmead, which the woman had entered in November 2019.
Read more:Gloucester care worker admits sexual assault of mentally ill patient
The 24-year-old woman had been detained under the Mental Health Act the previous year and had been diagnosed as emotionally unstable with complex PTSD needs, Nelson said.
“When Gibbs started working, he was briefed on the rules which included that patients must never be abused or neglected while in his care. He was warned that relationships with patients were prohibited.
“When the woman arrived at the clinic, Gibbs immediately began his inappropriate behavior towards her.
“It was noted that he was becoming physically too close to her. He was often distracted during her other treatment and ignored her instructions. He felt they were joining at her hip.
“They were having sexually inappropriate conversations and Gibbs even spent an hour and a half in his room with the blinds down.
“At 2am I would often take her to the sensory room and on one occasion they had sex together.
“In her interview the woman said that she stopped taking her medication and had become depressed. She said that Gibbs had taken her to her sensory room to comfort her. He hugged her on the sofa and kissed her.
“He then kissed her on the lips and started caressing her, which evolved into having sex.
“After this was over, the woman returned to her room, only to be followed by Gibbs 15 minutes later. She said that they should exchange phone numbers.
“The woman then began to neglect herself. He told her that she was the only person who could understand him.
“During the six weeks that followed, they sent about 70 text messages to each other, but when he thought their relationship was about to be discovered, he ordered her to delete their messages from his phone.
“It was at that moment that the woman began to realize that what had been happening was not right.
“When Gibbs feared the relationship was about to be discovered, he found himself having a ‘crisis moment’ in the sensory room with his victim. The incident was reported to the police.”
A statement from the victim.
Mr. Nelson said that in the woman’s victim statement, she said Gibbs’ crime had a massive effect on her life and who she was as a person.
“She said her actions meant she felt betrayed.”
Gibbs often broke down in tears during today’s sentencing hearing.
Mr. Nelson concluded: “A woman in her position should have felt safe where she was being treated. She was there for a reason. Gibbs sexually assaulted her when she should have been safe.”
What the defense said
Jenny Tallentire, defending Gibbs, said: “He has admitted from the beginning that he had sexual relations with the woman. There was never any intention to persuade the victim that she would never testify in court.
“Gibbs accepts that his behavior was indeed a setup, but under extenuating circumstances. He also admits that he asked the woman to delete her text messages from her phone. He now realizes that his behavior has affected his own mental health.
“He got sick the next day.
“I would also like to point out that this case has been a long time coming to court, through no fault of Gibbs.
“Gibbs has shown significant remorse and shame in writing to the court. I think it was a genuine gesture on his part.”
How Gibbs pleaded
Gibbs admitted that he had sex with the woman between April 15 and 22, 2020 and that on more than two occasions between April 16 and May 16, 2020 he sexually touched her.
Both charges stated that he knew, or could reasonably be expected to know, that the woman had a mental disorder and that he was a person involved in her care.
What the judge said
The judge, Registrar Andrew Langdon QC, told Gibbs: “Your victim, aged 24, was suffering from post-traumatic stress disorder and other issues. You knew perfectly well, because you had been told when you started working, that having relationships with patients is strictly prohibited.
“However, you developed an inappropriate relationship with the woman. This was a clear case of preening. On several occasions, you arranged things that included taking her to her sensory room so you could be alone together.
“This was often done during the early hours of the morning. She repeatedly made sexual advances on him, even having sexual intercourse. This was nothing like a momentary lapse of responsibility from her, it was continuous.
“Over a six-week period, you averaged about 70 text messages to each other every day, which included sending each other pictures. This was inappropriate because he had not only manipulated her, but also other members of her staff.
“This was all done for your own sexual gratification. You continued to abuse your position of trust and when you thought your relationship was about to be discovered you asked him to delete any incriminating evidence of you from his phone.
“You did this believing that she would not file a complaint.
“When you got caught, you accepted that you had sex with your victim, but you said you were ashamed. However, you continued to downplay your actions.
“The impact of his behavior on his victim has been devastating. She has lost confidence in the professionals who care for her. It has affected her relationship with members of her own family.”
Prayer
The judge jailed Gibbs for four and a half years, imposed a lifetime sexual harm prevention order, and ordered Gibbs to sign the sex offender registry for life.
Gibbs was also barred from working in the caring profession for the same period of time.
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