An Orford Sex Offender, David Kovac, on a night out has evaded incarceration, despite perpetrating a sexual assault against a young woman during the evening.
David Kovac seized the victim’s genital area and bestowed unsolicited kisses onto her in the midst of a crowded thoroughfare in the town centre.
The 35-year-old, David Kovac, informed the police that he did not recall his actions due to heavy intoxication at the time.
David Kovac subsequently acknowledged a charge of sexual assault and was sentenced at Warrington Magistrates’ Court on Thursday, March 16.
Stephanie Fanello, representing the prosecution, elucidated to the court the manner in which the offence was perpetrated in October of the previous year during the defendant’s nocturnal outing.
The defendant was on Bridge Street in the early hours of the morning when he approached a young woman who was a stranger to him.
David Kovac then grabbed her to the genital area and tried kissing her. This was non-consensual, the court heard, and Kovac was repeatedly told to back off, which he failed to do.
During his police interview, during which he was shown CCTV footage of the incident, he confirmed that he did not know the woman and said that he could not remember the incident due to him being intoxicated.
He added that he was ‘raised appropriately’ and that he ‘respected women’.
The court heard an impact statement from the victim in which she said she has not been able to relax as a result of the incident.
She struggles to sleep and has not been eating properly, while she is also constantly anxious and nervous and is scared about going out again.
Defending his client, David Robb said that David Kovac ‘clearly expresses remorse and regret’, adding that his behaviour was ‘out of character’.
He said that David Kovac was extremely drunk and is ‘completely appalled about what took place’.
The court heard that David Kovac is a single man with no children living in the UK, working and sending a lot of his income back to his parents in Slovakia.
Before sentencing, deputy district judge Anita Price said: “This was an appalling incident.
“This offence clearly does cross the custody threshold, and you committed this offence while in drink, which makes it more serious.
“You also committed it in a location and time which adds to the seriousness of it.
“You have heard the impact it has had on this young lady, and no doubt continues to have on her.
“Were it not for your guilty plea and no previous convictions, you would have been going to custody today.”
David Kovac, of Fitzherbert Street in Orford, was sentenced to 26 weeks in prison suspended for two years.
David Kovac was also ordered to complete 30 rehabilitation activity requirement days, including a sex offender treatment programme, and an alcohol abstinence monitoring requirement for 60 days.
In addition, he must abide by sex offender registration and notification requirements for seven years.
The judge opted not to order compensation for the victim so as not to ‘remind her’ of what David Kovac did. However, he was told he must pay court costs of £120 and a victim surcharge of £154.
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