A man sexually abused a woman in her sleep after he saw her ‘out of it’ outside a Leamington night club.
And while sentencing him to nine years in jail, Recorder Martin Butterworth told James Kipps-Bolton: “You have a fetish in pornography which involves sleeping women, and you took the opportunity to act out that fetish, and you filmed this young woman as you did so.”
On the pretext of helping the teenager, who was distressed because she had no way of getting home, Kipps-Bolton offered to let her spend the night at his flat.
But when she passed out as a result of drinking on top of having taken prescribed medication, he sexually abused her and recorded his activity on his phone, a jury has heard.
Kipps-Bolton (38) of Avenue Road, Leamington, pleaded not guilty at Warwick Crown Court to charges of assault by penetration and sexual assault.
He was jailed for nine years and ordered to register as a sex offender for life after the jury took just two hours and 40 minutes to find him guilty of both charges by a majority of 10-2.
During the trial prosecutor David Jackson said that the young woman, who was in her late teens, went to a Leamington night club on a Friday in November 2016.
She was being treated for depression at the time, and before going out had been drinking on top of taking medication which had been changed by her doctor the previous day.
“For whatever reason, she indicates that from the time she was on the bus she had very little recollection of the events of that night until she woke up in the morning naked in bed next to James Kipps-Bolton in his bed in his flat in Leamington.
“Having woken up, she quickly left the flat. She was confused about what had happened, but she does say she thanked him for looking after her.”
But after talking to a friend, she went to a sexual assault referral centre, and from there the police were informed.
Mr Jackson said it emerged that at shortly after midnight she had phoned her friend from outside the night club, hysterical and crying because she had got separated from the people she had been with and had no money to get home.
As her friend tried to calm her down, Kipps-Bolton began talking to her, then took her phone and introduced himself to her friend, offering to help her to get home.
When he found she did not live in Leamington he said he could not get her home, and instead said she could sleep on his couch, assuring her friend there would be ‘no funny business.’
The young woman did not know what happened after they got back to his flat, but she woke to find herself naked and with him lying behind her, also naked, ‘spooning her’.
She asked him the next day whether they had had sex, and Kipps-Bolton said they had.
He said after going to get a drink, he found her ‘naked and unconscious,’ so had put her to bed and gone to sleep himself on the sofa, but had then got into bed because he was cold.
Kipps-Bolton claimed she had been ‘pretty insistent’ that she wanted sex, but that ‘we had foreplay but we didn’t have sex’.
When the police examined his phone they found photographs of her being touched intimately by Kipps-Bolton when she clearly appeared to be asleep.
“What they also found when they looked at his web history was a number of visits to websites, 81 altogether, where it’s apparent his phone has been used to search for references of sexual activity while a person is sleeping,” said Mr Jackson.
Kipps-Bolton claimed he had told the teenager he liked porn, and that she had posed for him pretending to be asleep – but that was rejected by the jury.
Following the guilty verdicts, Mr Jackson said the young woman says she has suffered mental scarring as a result of her ordeal and the realisation of how vulnerable she was.
Lee Marklew, defending, submitted: “The evidence does not suggest the defendant targeted her to assault her, and the decision to assault her took place after she had passed out.”
But jailing Kipps-Bolton, Recorder Martin Butterworth told him: “You saw her outside the night club, and you saw she was obviously and very seriously incapacitated.
“No doubt you thought she was drunk, but the truth was she was mentally ill and suffering from the effects of combining alcohol and her medications.
“You saw a sexual opportunity for yourself. I reject the submission that you at any time wanted to help this young woman, and I reject the submission that your offence was opportunistic.
After jailing Kipps-Bolton, Recorder Butterworth added: “I would like to commend the officer who investigated this case. A significant amount of diligence was afforded to the investigation.”