Man spared jail after six-year delay in case coming to court

A man who said he was 'catfished' on a sugar daddy website by a 14-year-old girl has been spared jail after a six-year delay to his case.

Darryl Foster had signed up to Sugar Daddy Meet and started talking to the account of a girl who he initially thought was 18, the court heard. The 52-year-old later received a message from the account which said it was from the girl’s father, who had confiscated the victim’s phone and grounded her after discovering her account.

Rebecca Erkan-Bax, prosecuting, said: 'Mr Foster was alerted to the fact that the girl was 14 by her father. The father informed Mr Foster that if he continued to communicate he would tell the police.'

Despite the warning, Foster continued messaging the girl’s account but his 'tone' changed, the court heard, and he started suggesting they meet at places a young girl might like, such as Thorpe Park.

Despite this he had denied knowing the girl was 14 when he carried out the offence in May 2017, but was only brought to court to answer the charge in July 2020, a judge heard.

Foster, from Marlborough in Wiltshire, was convicted after trial and appeared at Reading Crown Court (pictured below) for sentence on Friday.

Edward Culver, defending, said: 'That delay does not seem one that was explained by the pandemic. He has had this hanging over his head for six years, largely by matters beyond his control.'

Judge Emma Nott accepted Foster did not target underage girls - he was on a website where he thought he was dealing with 18-25-year-olds - but did not see it as a 'red flag' when he happened upon one.

She also said it was a concern that Foster did not accept responsibility for his actions. 'That was the theme throughout his evidence, that he had been catfished, it was not his fault.'

The victim and her friend had both attended court during the trial and revealed they had joined the website together to try and make money.

Judge Nott said: 'It is clear they were two immature 14-year-olds who thought it would be a bit of a wheeze if they could perhaps do something short of sex to get a bit of money.

'It was clear that they were out of their depth. One can see from the messages how immature she was.'

The judge said the harm in the case was low because the account was being operated by the girl’s father at the time Foster was sending sexual messages.

Judge Emma Nott told him: 'These proceedings in and of themselves have put a stop to any risk you pose because since your arrest you have not engaged in any further activity towards under age girls.

'Because of the delay in this case, because I put this down to recklessness perhaps in drink and because I am certain you have learned your lesson and you do not pose a risk to children, I can impose a sentence other than a custodial sentence.'

The judge sentenced Foster to an 18-month community order, including 40 rehabilitation activity requirement days and ordered him to pay £2,800 costs.