A 37-year-old man who had his reputation destroyed by an indecent assault conviction has been granted reprieve.
Philip Queree was put on the sex offenders list for five years and subsequently lost his job as a junior doctor after a Tinder date accused him of grabbing her breasts too aggressively during consensual sex. "Having my breasts grabbed, to me that is not normal behaviour," the women said in court. The incident took place in August 2016. The women has not been named.
The conviction was overturned by Bailiff Sir William Bailache in Jersey's Royal Court. He said the "magistrate went wrong in a material way", according to Metro. Queree was found guilty in October and sentenced to 180 hours of community service, along with being put on the sex offenders list.
Defending lawyer David Steenson said grabbing someones breasts during sex should not be considered indecent. "Her complaints to the defendant did not amount to a complete prohibition of touching her breasts," Metro reports Steenson said. "She was demanding he was more gentle with her, not that he wouldn't touch her breasts at all.
"Right-thinking members of society wouldn't think that touching your partner's breasts during consensual lovemaking would be indecent. It is nothing out of the ordinary, it is implicitly accepted."
In a written judgment seen by The Sun, Magistrate Bridget Shaw said in October: "I am sure that [the victim] withdrew consent for Queree to grab her breasts. Queree knew this but continued to do so forcefully, causing the complainant considerable pain. This was an assault."
"Queree touched a sexual and intimate part of her body in a sexual manner without her consent. Irrespective of her consent to other sexual conduct, I am sure that the touching was in circumstances of indecency and thus Queree is guilty of indecent assault."
In deciding to put Queree on the Sex Offenders' Register, she said: "I am concerned that you pose a risk of sexual harm to others."
The sexual encounter saw Queree grab at the woman's breasts "really hard" to the point she started crying and was in pain, the court was told in October. The victim said after having a shower she showed Queree bruising on her left breast. After asking for an explanation, she said he told her: "I need to go now and think about what I have done to you."