A MAN who sexually assaulted a female in a Cumbrian village has been spared a jail term.

A number of damning text messages revealed that Nigel Heaton, 50, later apologised to his victim for what he had done. In these, he stated that he was a "hot-blooded male" who "just wanted some physical contact".

Heaton pleaded guilty to sexually assaulting the woman at Tebay during December, 2014, and was sentenced at Carlisle Crown Court today (TUES).

Robert Wyn Jones, prosecuting, said the main assault occurred at the lady's home. Heaton followed her upstairs before pushing her up against a wall. He kissed her with his tongue and fondled her breasts.

Days later, on Christmas Eve, Heaton said to the female: "You need to give me some." 
"She took this to mean sex. She was frightened," said Mr Wyn Jones.

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The matter was reported to police and Heaton was arrested. A mobile phone was seized and "damning" messages were retrieved. "He said he was a hot-blooded male, just wanted physical contact with her and had struggled to keep his feelings in check," said Mr Wyn Jones.

Heaton, a man of previous good character, made no comment in his police interview, the court heard.

Defence barrister Keith Thomas said Heaton, now of Eccleshill, Bradford, had elected a trial before a jury even though the matter could have been dealt with in the magistrates' court. It appeared, said Mr Thomas, that he had "completely forgotten" about the text message apology. When that evidence was produced, he pleaded guilty to the offence.

Judge Peter Hughes QC said he was concerned by the conclusion of a pre-sentence report which stated that Heaton appeared to blame his victim for what happened.

However, Mr Thomas said: "It is fair to say his position has changed from that."
Judge Hughes told Heaton he had taken "inappropriate sexual advantage" of his victim. He found it "deeply unattractive" that, having pleaded guilty, Heaton had sought to heap responsibility on the victim.

Although Heaton's crime warranted a jail term, it was also clear he needed to be the subject of a sexual offences treatment programme. Regrettably, said the judge, these could not be imposed together.

Heaton was made subject to a three-year community order and must be under supervision for the entire period. He was ordered to attend a rigorous sexual offences treatment programme, must sign the sex offenders' register for five years and must not contact his victim in any way.

Judge Hughes told Heaton: "I am taking this course because I take the view that what is most important in this case is protection, and that the most constructive way I can provide protection for the future is by the order I have made rather than sending you to prison."