Wednesday, June 11, 2014

Sex offender who abused two boys over 30 years ago detained indefinitely under hospital order


David Massingham, 77, who has dementia, was detained under the Mental Health Act as a judge said he was still a risk to children




A sex offender who abused two boys has been detained indefinitely in hospital.


David Massingham, 77, who has dementia, molested two boys more than 30 years ago.


After months of delays, he finally learned his fate as a judge said he was still a risk to children.


He was detained under the Mental Health Act.


He was also given a restriction order, which means he cannot be released without the agreement of the Secretary of State for Justice.


The pensioner was brought to justice after the abuse was reported when the victims were adults.


One of the victims, who cannot be named for legal reasons, said Massingham had completely destroyed his and his family’s lives.


He told in a statement how Massingham targeted and groomed him with treats.


He said the abuse would affect him for the rest of his life.


Massingham denied any wrongdoing and was deemed unfit to stand trial at Teesside Crown Court because of his dementia.


The case was still heard by a jury in an unusual hearing in February.


Jurors decided he committed the acts alleged in 12 charges - 10 of indecent assault and two other serious sexual offences.


“The question is, what do we do with you?” said Judge George Moorhouse today.


“The court has to ensure protection of other young boys and children in the community.”


He heard from three psychiatrists who gave varying recommendations for sentence.


Dr Pratish Thakkar recommended a hospital order and restriction order, saying Massingham was “in denial” about the sexual acts.


Dr Christopher Green recommended a hospital order without a restriction order.


Dr James Stoddart thought Massingham could be treated in the community, but admitted he had not carried out a risk assessment.


The court heard of allegations that Massingham had more recently had contact with children.


Detective Constable Julie Sheehan said Massingham admitted boys had been in his home and he had given money to a teenage boy.


The boy told officers he had no unsupervised contact with Massingham and he did not complain of any sexual impropriety.


Probation officer Lynn Douglas concluded Massingham had a “preoccupation with young boys”.


She said he posed a high risk of causing serious harm to boys.


She had no direct evidence of any sexual offending since the crimes before the court.


But she said she was concerned over information that boys had stayed over at Massingham’s home and that he’d given children money up to £600.


She said this indicated “some kind of grooming behaviour” and believed he still had a sexual interest in boys.


Social services stopped further contact and it was suggested one boy needed counselling and “intervention”.


Ms Douglas saw him chatting to neighbours and felt he was quite friendly and “plausible”.


She added: “My view is that he can influence adults and gain access to children.”


She said he could not undergo a treatment programme to control his urges because he was still in “total denial”.


Brian Russell, defending, suggested the probation officer was being unfair and went too far.


He said the offences happened a long time ago and the suggestions of recent contact with children were nothing more than suspicions.


Prosecutor Adrian Dent said: “The court has a duty to protect the public from the risk of serious harm.”


Judge Moorhouse said he was persuaded by the assessments of the probation officer.


Passing the hospital order and restriction order, he told Massingham: “I consider you are still a risk.”


Massingham will be on the sex offenders’ register indefinitely.



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