Portadown businessman escapes jail sentence for sexually assaulting teenage girl while on the job

Brian Chapman

A Portadown man has avoided a prison sentence after sexually assaulting a 16-year-old shop assistant who worked for him.

Brian Thomas Chapman (58) of Moyallan Road appeared before Newry Magistrates Court on Monday to be sentenced on two counts of sexual assault.

Prosecutors stated that a 16-year-old student employed by Brian Chapman told her mother about incidents at her workplace on September 23, 2020.

She said Chapman placed his hand on her thigh and the back of her leg. She also revealed that she received extra money from him and that he sent her text messages.

The allegations were reported to police the next day, September 24.

The victim then gave a deposition on October 9, saying that while she was alone in Chapman’s office, he placed his hand on her upper thigh and his other hand on her lower back under her pants.

The accused was arrested and questioned at Lurgan Police Station, where he denied the charges. His phone was seized and questioned.

The defendant was first interrogated on October 9, during which he admitted to sending a message demanding that the victim work around the clock, but said it was a joke.

The second interview took place on January 28, 2021, where he admitted to sending the 24/7 message, but denied sending other messages such as “hope you spend the pounds on something special.”

Throughout the trial, Chapman denied sending the messages and denied all allegations of sexual assault made by the victim.

Regarding Chapman’s criminal record, the prosecution added that he was convicted on appeal of three counts of simple assault.

As to the commission, these matters predated this case, but the conviction occurred during the course of this case and also involved a woman who worked for the defendant.

The prosecution further argued that the victim’s age was an aggravating circumstance and argued that there was a “vulnerability” due to the “power imbalance” between Chapman and the young student who worked for him.

An additional aggravating circumstance was that during the course of the defense it was sometimes argued that the victim had “manipulated or fabricated” some of the text messages sent.

A defense attorney commenting on the criminal history report noted that the author considered Chapman to be a low-risk offense. He also noted that similar offenses were contested in connection with a separate complaint in district court, with the judge replacing the charge of indecent assault with simple assault.

He also argued that a Sexual Offences Prevention Order (SOPO) was not necessary because the offence had occurred four years ago, there had been no repetition and the risk had been taken into account.

District Judge Eamonn King noted that the defendant had been found guilty of two of the four original charges following a trial lasting several days. The case had been adjourned for a pre-sentence report and a victim impact statement to be presented.

He added that the defendant “continues to deny” the allegations and intends to appeal the verdict.

District Judge King read the report before sentencing, noting that the defendant “denies ever hugging or touching the individual and that he is sexually attracted to the victim,” but pointed to a paragraph in the report that stated: ““The evidence suggests that he was a risk-taker and impulsive. Given the victim’s young age and the fact that he was her employer, it appears that he exploited his position and power to satisfy his sexual needs.”

The report added that this showed “limited empathy and sense of responsibility for the victim due to his denial of the crimes”.

In his victim impact statement, District Judge King described her as a young girl in her first job with “the world at her feet.”

He continued: “As a result of what she says happened, everything was turned upside down. She felt uncomfortable, anxious and lonely inside. She cut off contact with her friends. She stopped going out. She didn’t want to go to school anymore.”

He also described a “certain degree of manipulation” in this case, as it was the victim’s first job and there was a power imbalance between her as an employee and Chapman as an employer.

In his sentencing, District Judge King said: “I have taken the time to make it clear to the victim in this case that she has done nothing wrong. The victim has done everything right and should not feel alone, afraid or isolated.”

“The victim should feel confident, strong and sociable.”

Since the defendant continues to deny the allegations, he added: “While my sentencing today does not close the case, I will provide a verdict so that we can work toward closure in the future.”

“Regardless of what the criminal history report says, I am convinced that the defendant took advantage of a person and attempted to manipulate a person and that he is guilty of both offenses.”

For both counts, Chapman was sentenced to three months in prison, suspended for two years, made subject to a Sexual Offences Prevention Order (SOPO) for five years and placed on the Sex Offenders Register for seven years.

After passing sentence, District Judge King set bail for the appeal at £1,000.

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