A mother of four sobbed uncontrollably and collapsed to the floor in court after learning she would be placed on the sex offenders' register for five years, despite avoiding a prison sentence for sexually assaulting a taxi driver.
Emma Richards, 41, from Green Lane in Litherland, appeared at Liverpool Crown Court on Tuesday, October 14, after admitting sexual assault. She had initially denied the offence but changed her plea following an earlier hearing.
Judge Simon Medland KC said the case against Richards was compelling, telling the court: "The evidence against her was frankly overwhelming because of the car CCTV footage."
Assault in taxi
The assault took place at around 8.50pm on June 12 this year, when Richards booked a taxi from Cumberland Street in Liverpool's Cavern Quarter to Green Lane. She sat in the front passenger seat.
Prosecutor Ben Stanley explained that Richards had been drinking heavily during the journey. She began making suggestive remarks to the driver, telling him he "smelled nice", before grabbing his left arm and leaning towards him in an attempt to kiss him.
The driver rejected her advances and instructed her to remain in her seat. However, Richards continued trying to grab his arm and move towards him.
Mr Stanley told the court: "A short time later, the defendant touched his groin, rubbing it with her right hand. He didn't tell her to stop because he was worried how she would react as they were trapped in the vehicle together, and this continued for a few minutes."
Richards then lifted her top, exposing her chest, while continuing to touch the driver's groin and genitals. The assault lasted around four minutes before she got out of the taxi. The driver subsequently drove away and parked around the corner, where he contacted police.
Victim impact
In a victim impact statement, the driver explained how the incident had fundamentally changed his sense of safety and affected his ability to continue working.
He said: "Before this happened I felt like I was a normal person living a normal life. I was comfortable meeting different people each day as that was my job. I regularly had to sit alone with passengers and I never thought of this as something I should be worried about."
He continued: "Since this happened, that feeling of safety has gone. Being in a confined space with a woman makes me feel extremely uncomfortable. Sometimes I feel nervous even when there's no reason to be. This is difficult as I can't avoid these situations. Picking up passengers is how I earn my living."
"I tried to continue working after the incident as I wanted to carry on with my normal life. I found I couldn't do it any more, the anxiety I felt became too much for me and eventually I had to stop working (as a taxi driver)."
The victim also spoke about suffering from anxiety and nightmares, explaining that memories of the assault continued to trouble him when he tried to sleep. He said: "I don't feel like the same person since the incident. I suffered from anxiety and nightmares. I still think about the incident when I'm trying to sleep. I never thought something like this would affect me so deeply."
He added that the experience had left him feeling "embarrassed" and had affected his ability to pursue intimate relationships with women.
Defence and sentence
Defending Richards, Matt O'Neill told the court that his client had experienced significant difficulties throughout her life, including domestic abuse and previous mental health struggles.
He said: "Her life has been very traumatic at times; (she has been) a victim of domestic abuse. The defendant told me she has attempted suicide previously. She's a woman who has lost her good character due to issues with alcohol."
Mr O'Neill urged the judge to impose a community-based sentence rather than send Richards to prison, arguing that her actions had occurred while she was heavily intoxicated. He added: "These offences were clearly committed while she was highly intoxicated."
The judge acknowledged the seriousness of the assault and the lasting harm suffered by the victim. Judge Menary said: "This has had a serious impact on the victim. It proves the point that sexual assault, whether committed by a woman or a man, on a woman or a man, is a very serious thing. Maybe the incident was only a few minutes, but often has a profound effect on the victim."
He also recognised Richards' mental health difficulties but stressed that they had to be considered alongside the impact of her actions. He said: "She committed the offence because she was very drunk. I do not dispute for one minute that which is identified by the pre-sentence report, namely a history of anxiety and depression which are mental illnesses. All of that will have been exacerbated by any problems within relationships, violent or otherwise."
"I also have to balance against that the effect on the victim and the nature of the offence."
Richards began crying when she was instructed to stand to hear the court's decision. She was given an 18-month community order, alongside a requirement to abstain from alcohol for six months. However, she became increasingly distressed when told she would have to remain on the sex offenders' register for five years. Richards fell to the courtroom floor and sobbed loudly, prompting court staff to escort her out.
