A Teesside man sexually assaulted a McDonald's worker as she was serving him.
Karl Madden, 48, of Melrose Avenue, Billingham, admitted sexual assault when he appeared at Teesside Magistrates' Court earlier this week.
Sexual assault is an offence under section 3 of the Sexual Offences Act 2003. It is an either way offence with a maximum penalty of 10 years' custody on conviction on indictment, 6 months' custody and/or an unlimited fine on summary conviction.
The court heard that Madden was visiting a local McDonald's drive through when the assault took place in December 2021.
When the girl's back was turned, Madden leant out of his car window and reached into the kiosk.
Michael Embleton, prosecuting, said: "He assaulted the victim by slapping her on her rear.
"The victim said some cross words to the defendant, which is understandable under the circumstances."
The worker, who was under the age of 18, was so upset by the incident that she could not continue her shift.
Mr Embleton continued: "This happened in the victim's work place, in front of colleagues and friends. She was not only assaulted she has also been embarrassed."
The court was shown CCTV footage of Madden pretending the slap the worker's bottom before leaning over the commit the act.
Ciara Smith, mitigating, said: "Mr Madden realises this behaviour is not acceptable in today's society. He is fully aware of the impact this has had on the victim."
Ms Smith highlighted her client's early guilty plea and the apparent remorse he had demonstrated during an interview with the Probation Service.
"It does seem to be an isolated incident," she said.
"The defendant has expressed a wish to pay compensation to the victim. He feels this is something he wants to do a way of an apology."
Having considered the circumstances, Magistrates were of the view that Madden's offence was serious enough to justify a community order.
He was sentenced to a 12-month community order, with a requirement of up to 25 rehabilitation activity days.
He was also ordered to pay £150 in compensation, £85 towards prosecution costs and £95 surcharge.
I have to say that on the face of it there are certain features of this offence that I find particularly disturbing - the fact the victim was young person below the age of 18; that she was assaulted in the course of her employment; that Madden was brazen enough to grope and humiliate her in front of colleagues and other customers.
That said, having reviewed the guidelines, I can see why the sentencing bench or DJ have decided on a community order. Perhaps the guidelines are a bit on the lenient side given the circumstances in this case.
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