A MAN told a woman “it was all in your head” after sexually penetrating her with his finger without consent in her own home.

Darren Martyn Shaw, 35, of Talbot Road, Bournemouth, pleaded guilty to and was jailed for assaulting a woman by penetration while staying as a guest in her house on January 2, 2019.

Shaw was sentenced at Bournemouth Crown Court on Monday, March 22.

Bournemouth Echo:

Prosecuting, Sukwinder Dhadda said the complainant had been out with friends the night before and went home with her friends, boyfriend and Shaw.

Reading a statement from the complainant, Ms Dhadda said: “At around 7am, I still don’t understand how I didn’t wake up, I must have been in a deep sleep.

“Darren’s fingers were already inside me. I just said ‘ow’ and pulled the duvet over my head.

“I had the duvet completely over my head he pulled it up and was grabbing my legs quite firmly.

“When he knew I was awake he started saying it was all in my head.

“He said ‘just remember it is all in your head’. I woke my boyfriend up and was in a complete panic.”

The court heard how the police were called and Shaw, who was under the influence of drink and drugs, initially denied the allegations.

However, when DNA evidence taken from the complainant matched his DNA, he answered “no comment”. He entered a guilty plea when the case was first brought to Bournemouth Crown Court.

A victim impact statement said how the complainant was still having flashbacks in October last year, had lost friends due to not going out, and was off work losing approximately £600.

Mitigating, Tim Bradbury said: “Mr Shaw is at a complete loss to explain what must have been going on in his mind at the time this offence occurred.

“The drink and drugs provide a partial explanation, it is an explanation that he doesn’t seem to hide behind.”

Mr Bradbury said Shaw was very remorseful for his actions, had been "beaten up" twice since the incident and asked for a suspended prison sentence so the defendant could access the relevant rehabilitation help.

Bournemouth Echo: Darren Shaw

However, Judge Stephen Climie sentenced Shaw to two years imprisonment and put him on the sex offenders register for ten years.

“There are occasions when under the influence of alcohol or drugs or a cocktail of the two you are out of control,” he said.

“That appears to be the course you found yourself in in January 2019, that of course does not excuse your behaviour.

“You had been invited back to the complainant’s home, you abused the opportunity some time in the morning when she was asleep, physically penetrating her vagina with your finger.

“When she awoke, she was faced with you saying effectively ‘you have got it all wrong, it was your boyfriend’. You were arrested and denied the offence immediately.

“I am completely satisfied that this is one of the last cases where it is appropriate to suspend a sentence of imprisonment.

“This demonstrates violent offending towards a vulnerable woman where there was not an excuse, the only explanation was the aggravating factor or alcohol and drugs.”