A COLEFORD care worker who kissed and fondled a woman three times at the psychiatric hospital where he worked has escaped a jail term.

James White, 31, of Fetter Hill had sexual encounters with the woman between December 2018 and July 2019 while he was working as a health care assistant at Wotton Lawn Hospital in Gloucester, the city’s Crown Court was told.

He admitted three charges of engaging in sexual activity with a mentally disordered female and was sentenced to a two-year community order with a requirement to do 175 hours of unpaid work and placed on the Sex Offenders Register for five years

Judge James Townsend said he acknowledged White had not sought out the relationship but he had “crossed a boundary”.

Prosecutor Ieuan Callaghan said White started work at the NHS hospital in September 2017.

The woman was admitted in December 2018 suffering from depression and a schizoid disorder. She also had a crack cocaine addiction.

Following the discovery of the offences, a psychiatrist had concluded she did not have the mental capacity to consent to sexual activity.

After the women started to have feelings for him, they said they wanted to be together.

In March 2019 he asked her for her phone number when out on a walk they started exchanging texts.

In September 2019 she was interviewed by the police and she said the first sexual incident between them was about three months earlier when White was on a night shift.

He went into her room in the early hours and she took off her top and he touched her. She sat on his lap as they kissed and later she again exposed herself.

On the same day he approached her in the laundry room, grabbing her below the waist over her clothing and they again kissed.

The final offence was two days later after she had bought him a watch – something he should have disclosed to his employers but did not, Mr Callaghan said.

“In the corridor outside her bedroom they kissed again. He was anxious about being caught and he left but they later kissed again in the quiet room. 

Twice in September she told staff she had “fallen for someone” and felt guilty about it.

Police were called on September 13 and White was suspended. He was arrested a fortnight later.

Matthew Harbinson, defending, said White had lost his job and any prospect of similar employment because of the offences. 

Mr Harbinson asked that the length of time it had taken the case to reach court and the fact that White had no previous criminal history and had not offended in any way since his arrest.

At the time of the offences, White was caring for his terminally ill father.

White now realised that his 'temperament was not best suited' to working as a carer in a health facility, even though the work was essentially that of a porter or orderly, Mr Harbinson said.

His offences had been a 'lapse of judgement,' he said.

Judge Townsend told White "You were a care worker in a position of trust. I accept that you did not seek out this relationship or deliberately target the woman concerned because she was vulnerable. You did so because a relationship developed and you then crossed the boundary.

“But these offences occurred five years ago and it is not your fault that there has been this long delay.

“I take the view that you do not pose any significant risk to women in the future, particularly as you will not be allowed to work in this kind of role again.”